Sunday, April 3, 2011

The insanity continues

Late last week, I got an email from my previous employer (Dick Boss) demanding that I pay any sanctions brought against his firm for something I screwed up my first week.  Let me clarify this a little bit without giving away specific details.

My first week, I legitimately fucked something up while in court. My former boss decided to continue filing additional pleadings in this case, knowing that they were based on something that I had fucked up and that there was a risk things could go wrong.  Last week, opposing counsel threatened to file a motion for sanctions based on the fact that my former boss continued to file said pleadings.  Evidently, he thinks that he can make me pay the sanctions.

So far, every lawyer I've talked to has told me that this is ridiculous for a number of reasons.  First, and foremost, a law firm just plain can't make one of its associates pay sanctions.  The firm takes the hit, not the individual associate.  Additionally, I was working under his supervision, he filed the subsequent pleadings, his name is on everything and I don't even work at the firm anymore.

I even called the ARDC and, while this isn't really an ethical issue, the lady told me that she couldn't think of any way that he could make me pay his sanctions.  It's basically a new lawyer's job to fuck things up for the first several years that he's practicing and only a vindictive asshole would even attempt to make him pay sanctions.  (I'm paraphrasing a bit, but not nearly as much as you'd think.)

So, if there was ever any doubt that I was working for a crazy person, this should clear things up.  The general consensus is that I have nothing to worry about.  Thoughts?

9 comments:

  1. You have nothing to worry about. In NYC, if you are following a bosses' guidance when you commit malpractice, it's a defense. You're so not on the hook. He's an ass and this shows how much so.

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  2. I wouldn't give it a single second more of my time. This guy is a total asshat and apparently is intent on proving that. Be grateful you don't work for him anymore and move forward.

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  3. Can't believe this. Hope you're doing okay.

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  4. With every passing moment you should give thanks that you're no longer subjected to that man. I can't even conceive of such a ridiculous notion. Being unemployed sucks, but having to work one minute longer for that man seems like it would suck infinitely more.

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  5. Can you sue for defamation? (Only half joking)

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  6. Let him demand whatever he wants. Presumably any sanctions, if there are any, would be against the firm and not you individually, which the court's order will specify.

    I would either ignore him or send him an email back saying you refuse to pay. There's not much he can do, other than take you to court (I have no idea what his theory of relief would be). It's apparent you guys aren't too fond of each other, so it's not like you'll be losing a friend/mentor.

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  7. Yikes. That guy is a nightmare. It's amazing how partners will screw their associates. I heard recently about a guy whose very first case contained an error which led to his suspension from the bar 5 years later. The supervising attorney threw him under the bus, claiming he didn't know anything about it.

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  8. Wow. Fuck that. Seriously. Sorry buddy, your firm, you deal with it.
    What a pain in the ass for you.

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  9. Also I have a feeling you'll be happy to know that the word verification I just had to put in to post my comment was "handi".

    Even blogger knows that your former boss is a jerkoff.

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