June 22, 2009


There are certain words that come up in legal argument all the time that for some reason (missing brain cells?) I just can’t bring from my brain to my lips to say when it’s needed. I’m doing a two defendant preliminary hearing and at the end of the evidence presented by the DA it’s time for the defendant to make a “motion to dismiss”. Lots of times it’s kind of a perfunctory, “for the record” kind of thing.

This time the lawyer for the other defendant went first and argued for the case to be dismissed and actually argued very effectively. Then it was my turn. It was a robbery case and my colleague had made all the same points I would have made. I stood up – “Your honor I’d like to… ” and the word I was looking for just escaped me. I wanted to say “what the guy said just now goes for me too” but didn’t think that would be lawyerly. I was sweating as I stood there struggling to find the word. Finally, the judge, either because he wanted to wrap it up or took pity on me, said “join Mr. Meyer?”. “Yes your honor, that’s exactly what I’d like to do.”

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