June 19, 2018 Articles

Silly Lawyer Tricks XII

It is not a good sign when the court calls your primary argument a "puzzler."

By Tom Donlon – June 19, 2018

This is the latest column in our continuing series on real mistakes and misdeeds by real lawyers in cases on appeal.

 

Clark v. Allen & Overy, 159 A.D.3d 478, 2018 N.Y. App. Div. LEXIS 1488 (N.Y. 1st Dep’t Mar. 8, 2018)
Fulfilling the old adage about a lawyer who represents herself, the attorney plaintiff in this case failed at trial and compounded her problems on appeal.

The lawyer sued her former firm, claiming that she had been fired in retaliation for complaining about harassment arising out of a sexual relationship. As the lawyer alleged extreme mental anguish, the trial court ordered her to submit to an independent medical examination. The lawyer appealed that order and lost.

However, the lawyer refused to schedule the examination. At a compliance conference, the court issued another order requiring the lawyer to be examined. Although the lawyer showed up for the examination, she refused to participate. As a sanction, the trial court dismissed the case.

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