Twenty Years Ago Today

Well actually, 20 years plus 2 days, I argued my very first motion in court. I'd been a lawyer for all of four days.

I did law school in 28 months by taking 2 classes at night in the summers. That got me out in December. I started "clerking" for the law firm that hired me in March after studying for and taking the bar exam.

I spent most of my time the first 3 months working on a several million dollar case for one of the partners. A trial was scheduled for June. The Defendant had filed a Motion for Summary Judgment just after I started working. I did the research for our opposition to the motion and for the most part wrote the brief.

A hearing on the motion was scheduled for June 12, a Friday. The Friday before, the partner told me I'd be arguing the motion because I'd done the research and the writing and knew more about the issues than she did. After a mild panic attack, I realized that I was not yet a lawyer and told her. I'd gotten notice a few days before that I'd passed the bar exam; but, I hadn't gotten around to going to Superior Court to get sworn in. There was also the problem that the case was being tried in Alabama, next door to Georgia, and that I'd have to be admitted "pro hac vice," or "for the matter."

She being a wise lawyer said "well you better get going with the getting admitted." So I got sworn in and wrote and filed a Motion for Admission, Pro Hac Vice and kept getting ready for trial.

Friday morning came around and we drove over to Birmingham from Atlanta. The hearing was scheduled for 1:30 p.m. The Courthouse in Birmingham was built by the WPA during the Depression. If you've ever been in one, you know that everything is big and covered with marble or wood paneling. This was before the time of veneers. The ceiling was about 20 feet high and had chandeliers.

The AC wasn't running and the local lawyers were carrying their suit coats. The partner and I had our jackets on and were getting a bit moist. The Judge entered from behind the bench, putting on his robe over a checked shirt, as he walked, no tie.

He smiled and looked at the sodden duo from Atlanta, "I gather you are Mr. Smith and Ms. Jones from Atlanta."

"Yes, your Honor," as I rose.

"Well, a couple of things before we start, take those jackets off, I don't want you falling over." We obeyed.

"Mr. Smith, I see you're a smoker (the cigarette pack was visible through the pocket of my white shirt), I think I've got an ashtray up here for you" he said as he rummaged under the bench, finding it and holding it out to me. I guess I looked a little shocked, so he said we were going to probably be there awhile and that if I felt the need, I should just go ahead. I got the ashtray, but never used it.

We got going. The Judge noted that I had filed the motion to be admitted for the matter and that the Defendant hadn't filed an objection. He looked over at the lawyer for the Defendant, Bibb Allen. "Bibb, you mind if Mr. Smith participates in the trial with us?"

Bibb Allen was an elder statesman of the Alabama Bar. He had a full head of pure white hair. He looked a bit like the late Tip O'Neill, but spoke with a strong, deep South accent. "I don't mind at all your Honor."

We argued the issues for an hour or so. The Judge told us to take a break for a half hour and then come to his chambers. We went in and he denied the Motion for Summary Judgment which meant there'd be a trial starting on Monday. I'd scored a big win my first time out!

The win streak had a quick end. We put on our case for 3 1/2 days. The Defendant moved for a "directed verdict." Usually Judges don't grant such verdicts at the close of the Plaintiff's case. This Judge did. I was one for two.

We appealed to the Alabama Supreme Court and went down in flames. One for three. You can look it up: Collins Co., Inc. v. City of Decatur, 533 So.2d 1127 (Ala. 1988).