Have You Heard The One About …?

Am I the only one losing their sense of humor? It’s the only thing that keeps me going in tough times. Right now, times are tough in so many ways, not just in our profession. Now I am looking for anything that creates a smile, a chuckle, let alone a laugh. It’s hard to watch the dismantling of various institutions. Being a heckled standup comedian is easier than being an unhappy lawyer golden handcuffed to one of the Biglaw firms that has caved to 47, but who is unable to move.

My favorite laugh (so to speak) right now is 47 raging against Bruce Springsteen as … wait for it … ”a traitor.” 47’s words, not mine. And what did Bruce say that irked 47? He called 47 “treasonous.” The spat has escalated. I would bet that Bruce is not the only one who has said that. It would indeed be laughable if it was not so chilling and so reminiscent of so many regimes that stifle free speech and would prefer no speech. Reminiscent of the 1930s? And where is Chris Christie, one of Bruce’s biggest fans? How do we laugh off the unlaughable, the myriad of executive actions and other unconstitutional actions that this administration engages in regularly?

So, taking a breather from the daily doses of drama and trauma that constitute life these days, here are several lawyer snafus (schadenfreude — also known as “whew, glad it’s not me” — is alive and well).  “What were they thinking?” Or perhaps I should rephrase it to “were they thinking?” 

Here’s one attorney who hasn’t learned much, if anything. Remember the saying that a good offense is the best defense? It seems to be in this lawsuit filed by a New York disbarred lawyer. Rahul Dev Manchanda obviously believes this saying. He is suing the Attorney Grievance Committee for New York’s First Judicial Department in the Southern District of New York using some of the same language that got him disbarred in the first place. What is he thinking? 

Admitted to the New York bar in 2002 (not a newbie), his lawsuit contains some of the same racist and antisemitic language that caused him to lose his license in the first place. He’s suing for $20 million, representing the amount of money he claims that he would have made as a lawyer for the next 20 years. (At least he can do math.)

I won’t go into the litany of disgraceful remarks he made (and that would be over my word limit) except to quote one comment he made because, well, you’ll get it after you read it:

Manchanda described the ethics referee as a “biased, broken, morally, physically and mentally unstable old woman.” Anyone you know? The disbarment order said that words failed to capture “the severity and extent of his bigotry” and that his conduct was “simply shocking and outrageous.” Has he ever heard of the Streisand effect before filing the lawsuit? I guess not. The SDNY court  has dismissed his case.   

And how can I resist a story about lawyers for Mike Lindell, the My Pillow CEO? A federal judge has benchslapped his lawyers with an order to show cause after they erroneously filed a draft of a document and didn’t realize that it was a draft until almost two months later when they appeared before the court. Not only was it a draft, but it had 30 incorrect case citations including citations to nonexistent cases. Hallucinations for a pillow CEO. How appropriate. This FUBAR arose out of a defamation lawsuit filed by a former executive with Dominion Voting Systems against Lindell and his related companies. (Remember the Dominion litigation, which cost Fox almost a billion dollars to settle? Raise your hand if you do. Would somebody please drive a stake through the heart of all the remaining 2020 election dramas. Haven’t we had enough? It’s now 2025, unless Mr. Peabody’s Wayback machine remains stuck at five years ago. By the way, Lindell’s attorney also copped to a Rule 11 violation.

I loved the piece in the New York Times about ATL and not merely because I write for it. 

Unlike 47’s merry band of men and women, I have no expectations of anything in return for saying nice things about my editors. I am happy if they don’t spike my copy.

Recognition for the work ATL has done and continues to do is long overdue. Now more than ever, it speaks truth to power. It comforts the afflicted and afflicts the comfortable, a line attributed to Peter Finley Dunne (Google him), characterizing journalism’s role. Congratulations to all, but your work has just begun. There’s a whole lot more comforting the afflicted and afflicting the comfortable ahead.

Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.

The post Have You Heard The One About …? appeared first on Above the Law.