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As an attorney, what happened in court that made you say, "you can't be serious…"?

I was hired on very short notice in a bankruptcy case in another city where the debtor was trying to sell property “free and clear” of my clients’ interests in the production of a number of oil wells. The trial was set on the day following service and was in front of a judge I had a few clashes with in the past.To approve the opposing side’s request, the judge had to make four statutorily required findings of fact. The plaintiffs presented evidence on three of the four. The judge suggested he was inclined to grant the plaintiff’s requested relief, but wanted to hear from me.The fourth required finding was that the property at issue was not “fungible”, meaning it could not be divided up and sold separately. I had nearly a hundred years of evidence that the property in question was very much fungible, which I thought would be obvious from the fact that my clients all had separate ownership interests in it. I really just figured that the judge just assumed that the plaintiffs wouldn’t have brought the thing before him if they weren’t right.A side note: At the conclusion of what was passing for a trial, and after my motions to deny the relief had been overruled on my argument that one day’s notice did not comply with due process, the judge held it had been enough notice for me to come and mount what he called a “spirited” defense.Then I made a motion to dismiss the suit with prejudice because the plaintiffs could not possibly prove their case, and in fact had demonstrated that during the trial. I said that the judge could not make the statutorily required finding about fungibility because the only evidence introduced on it was mine, and it clearly showed that the property in dispute was fungible. I then said that I suspected the silence of opposing counsel on that point was because it was impossible to prove otherwise, and that anyone admitted to the State Bar of Texas would know that because there was always an oil and gas question on the bar exam. Can you tell that I was angry at what I saw as a blatant railroading of justice?That last irritated the judge. He said, “Mrs. Williams, you always think that anytime I rule against your clients, I am always wrong.” My co-counsel was pulling at my jacket whispering “shut up shut up” but my red-haired Texan woman was in full control and I said “If Your Honor would consider the several times I have had the honor and privilege of appearing before you, you would see that is correct.”Now the judge had to sort through that a bit since I wasn’t particularly grammatical and perhaps not accurate either, but he finally did and held me in contempt — again. But then that good man went on to make my point to the plaintiffs and deny their request for the sale. And some time later rescinded the finding of contempt after the plaintiffs agreed to settle rather than try again.And I say, to that man’s credit, that when he retired from the bench and began a small private practice, he referred me a number of litigation matters, telling me that I did my ancestors proud (three died during the fight against Mexico in 1835–36). I took it as a great compliment to me as an attorney, and him as a caring judge.I never had the nerve, though, to ask him what he was thinking that day in the first place.

What defense strategy used in court was an ugly indictment on the defending company or person itself?

Back in the early 90’s, I had a lawsuit against two giant insurance companies who had a very bad agent. We represented the plaintiffs, 7 regular individuals who’d been duped by this guy. Our folks had claims with statutory damages exceeding $100,000,000 and we filed the case down in far South Texas.It was brutal in every respect. Two insurance behemoths have massive amounts of money and, when faced with the prospect of mind-boggling damages, they get very excitable.Add in the fact that this was the early ‘90’s when juries in South Texas had been hammering corporate America with huge verdicts on a regular basis, and the stage was set for a full-on, battle to the death.Co. B and its law firm are the bad guys in this story. Insurance companies have bad reputations to begin with, but what Co. B and its lawyers did in this case was truly despicable.Original lead counsel got sick and Lawyer “U” took over. In 30+ years of practice, he still tops my list as the MOST unpleasant, untrustworthy, and unprofessional lawyer I’ve had the misfortune to deal with.With Lawyer U at the reins, Co. B took positions, filed motions, and made arguments so ridiculous it would make a normal lawyer weep and hide his eyes. They pursued the most abusive defense strategy I’ve seen - all without even a slap on the wrist.Every time we got a trial setting, Co. B asked for a continuance - the reasons went from half-assed to absurd, but the Judge kept granting them. On their 4th try, the Judge grew a spine, denied it, and set a “final” trial date - August 12th.In June, I filed our final Amended Petition. In my list of Agent D’s fraudulent representations, I threw in a sentence about how he told our clients his “arbitrage” business and insurance went hand in hand to produce profits, etc., etc. Everything except the word “arbitrage” had appeared in all our previous petitions.A week later (31 days before trial) Co. B filed a “Notice of Removal” claiming this was now a federal case. Why? - based the word “arbitrage” Lawyer U argued the suit now involved federal securities laws.Lawyer U did this for two reasons:First, it stopped the case from going to trial - filing that Notice automatically transferred jurisdiction to the federal court, the state court couldn’t do anything; andSecond, getting a case sent back (remanded) from federal to state court could easily take months and maybe longer -Federal courts in South Texas were packed with criminal cases and those took precedence. Getting a hearing in a civil matter was a nightmare.Co. B’s lawyer knew that and thought he was buying his client an indefinite amount of time by putting this case on ice in federal limbo.I went berserk - my partner had to lock me in a conference room to keep me from driving to San Antonio and doing grievous bodily injury to Lawyer U and his minions.Whether he came up with it himself or at his client’s behest - Lawyer U and Co. B were both equally guilty of using this unethical, sleazy, abusive defense “strategy.”Now, for the good news. The lawyer that brought us in to this case was a heavy-hitting, well-known PI attorney down in the Valley and he had lots of powerful friends. I called him to tell him the trial was off and explained why. All he said was - “Get your motion ready and get it down here.”The next morning, I flew down and filed my rather vehemently worded Motion for Remand. By the time my return flight landed - there was a Notice from the Court - our Motion was set for hearing the next week.I wasn’t going to bribe anyone or buttonhole the court clerk in the grocery store, but I certainly wasn’t going to stop our co-counsel from telling his golfing-buddies* about this horrendous abuse of the system.The South Texas legal community is a close-knit group and they don’t appreciate being played. By the time I filed my motion, every lawyer in McAllen had probably heard the story.End of the story - At the hearing, we argued first. The judge didn’t look happy, asked lots of questions, and seemed hostile to our position. I was sitting next to a lawyer and I guess I looked nervous.He leaned over and said “I’ve seen him do this lots of times - it means he’s about to fuck the OTHER lawyer.” And that’s just what happened. Before Lawyer U even introduced himself, the judge looked up and said:“What were you thinking? One word DOES NOT give you the right to add this case to MY busy docket - it’s a ridiculous argument and if you came up with it, you need to go back to law school. Motion for remand granted - I’ll let Judge H know and tell him you’re anxious to start trial as soon as possible.”*None of whom were federal judges, staff, or otherwise connected with the federal court in McAllen.UPDATE - 10/26 - The true extent of Co. B’s “bad behavior” went way beyond just filing bullshit pleadings, but that didn’t come to light for a few more years. It involved our state court judge (I’ll call him “Judge B”):Our trial dragged along for 7 months - 2–4 hours a day. Then, Judge B said we’d “recess” for 6 weeks and one of our client’s spun out - claimed he was “on the take,” the Texas Rangers were called in and there was a grand jury investigation. Judge B was “cleared”, but it pissed him off - he declared a mistrial, flushed 7 months down the drain and withdrew from our case. (An assigned judge tried it 6 months later - the “real” trial only took 4 weeks).About a year later, Judge B’s alleged “corruption” came up for doing something else (don’t remember what). This time, he and his entire court staff were investigated. They subpoenaed financial records from the judge’s clerk - that’s when things got interesting.Turns out, Judge B’s clerk and her husband owned an extremely successful landscaping company. Her husband was such a good salesman that, right around the time our trial started, he’d persuaded Insurance Co. B to purchase $25,000* of trees, bushes, and plants. Down in South Texas, $25,000 buys A LOT of greenery.The clerk’s husband “couldn’t find” his receipts, “didn’t remember” who he bought it from or where he’d delivered it. Now, Insurance Co. B’s main office was in NY, the closest regional office was in Houston (it didn’t get any plants) and no records turned up showing where any of it went.They never managed to link Judge B directly to any shady deals and he dodged the corruption charges. But the locals knew he was dirty and it cost him the next election - so at least he wasn’t a judge after that.I thought about it alot and my theory is this - Judge B’s scam, if I’m right, was pretty smart - I don’t think Insurance Co. B “bought” a result, I think they “bought” delay and that’s what Judge B provided - 2–4 hour days, never a full week of trial, and stopping in the middle for a 6 week “recess”? WTF?The jury was already falling apart - 7 months out of work, no end in sight, and then 6 weeks off - I think lots of the jurors would just disappear, not come back, and “bingo” - mistrial. Have to start all over again when Judge B ‘found’ the time - what a deal for Insurance Co. B! Scumbags.*That’s about $43,000 today.

How do I tell my parents I am transgender?

I told my father first. There’s a common joke in the LGBT community that no one has a good relationship with their dad, which always amuses me because of how untrue it is for me.My dad always struck me as more tolerant than my mom (he is), and on long car rides I liked to sit in the front with him and talk about anything and everything I could think of. Even if he didn’t get it or didn’t agree with me, he still listened.So one evening when my mom was out, during my junior year of high school I think (I’m pretty sure I’d told him by the time we toured MIT that spring, but I don’t remember for sure), I sat down on the armrest of one of the couches while he sat in his recliner. I just started posing hypotheticals about how he felt about gay people, what he thought about trans people, and such. He didn’t react negatively, so I moved on to hypotheticals about me. What if I was a lesbian? What if I was trans? What if I was trans but didn’t want to transition? What if I was trans and wanted to fully transition, hormones, surgery, everything? Would he support me, whether it be financially or emotionally? He certainly didn’t seem thrilled, but he did seem firm with the idea that he wanted me to be happy, and if being/becoming a man was what made me happy, then he’d do his best to support me.I don’t recall if I specifically said that I was a man or trans or whatever, but it was heavily implied, at least.I waited almost two more years before I came out to my mother. We’d been as close as any parent and child were when I was younger, but as I grew up, we grew apart, mostly. I suspect her mental health declined, as she became somewhat unpredictable, flip-flopping between “nicest mom on the planet” and “ticking time bomb” seemingly at random.She was concerned because I never dated anyone (no one asked me out, so…); I think she suspected I was a lesbian. In any case, our relationship was often adversarial over all sorts of things, including my choice in university (MIT as opposed to the much cheaper, closer University of Oklahoma) and the fact that I’d never had a job. She was (is) also a devout Catholic, becoming more devout with every year, it seems. I had buttons on my backpack with different flags (trans, ace, gay) on them. She asked about them once, but her tone was accusatory and I waved her off. There was no way in hell I was coming out to her in person.So I came out by way of email on National Coming Out Day, the day after my 19th birthday, when I was safely away in Massachusetts.Hi Mom,You've probably noticed (if your occasional comments have been any indication) that over the past two years or so the way I present myself physically has changed.Previously, you'd ask me why I dressed like a boy, or what the buttons on my backpack meant. Perhaps you even suspected the truth, but it scared or upset you too much to think about it.Well, I'm finally ready to tell you.I dress "like a boy" because I am a boy. In other words, I am transgender. I understand this may be a hard concept for you to handle especially since you called Caitlyn Jenner "a man who dresses as a woman" (frankly, I'm not much of a fan of her, but that has more to do with her personality and beliefs). Just for reference, I've consciously known I was a boy for at least a year and half now, and I've known I wasn't "female" for at least two and a half years.As such, I have chosen a new name for myself. This name is Xavier. I have also chosen the middle name of Dean. Xavier is the name I use in my everyday life here at MIT. I would appreciate it if you would call me this (Xavier), and use masculine pronouns (he, him, his), but I of course will understand if you find this all distasteful and decline to do so.The button on my bag with the blue, pink, and white stripes (as seen below) is the trans* pride flag.The button on my bag with the black, gray, white, and purple stripes (as seen below) is the asexual pride flag.Asexuality is a sexual orientation where one is not sexually attracted to anyone, regardless of appearance or gender. This does not exclude romantic attraction. In my particular case, I am panromantic, meaning my romantic interest is not dependent on a person's gender.My sexuality is a large part of the reason I maintain that I will not have children and likely not get married.I will be out until later this afternoon, at which point I will be glad to speak with you, or allow you to yell at me, or whatever else may help you with these revelations. However, if you elect to have primarily negative reactions to who I am, I will be forced to begin ignoring you, giving you the cold shoulder, if you will.For your convenience, I will now supply you with some links that may be helpful., feel free to e-mail, text, call, or Skype me with your questions/concerns/outrage, just please wait until later this afternoon.Sincerely,Your loving <strikethrough>daughter</strikethrough> son,{deadname} Xavier LuhmanIt was the single most nerve-wracking email I’d ever sent. I was terrified, and I CC’d my dad and brother so they’d know when the fallout inevitably landed on them.I was right. She was pissed. I won’t put her response here because it still upsets me to this day.I came out again (as nonbinary) a year later. That also went poorly, of course.I haven’t been back to Texas in two years now. I have seen my mother in person, this past January. I didn’t want to see her, but I couldn’t tell her no, or else risk her wrath on my dad and brother.I know my family loves me a lot. My dad and brother are as supportive as they can be while living with Mom. My grandma is supportive as well, and I have an aunt and uncle who sort of know (they put my name on the packages they sent at Christmas). My dad still holds out hope that my mother will come around; my grandma thinks she’ll remain in denial for the rest of her life; I don’t know what to think, but I don’t think my mother will ever care for me as me, rather than the daughter she never really had.

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