Legal Practice and the Butterfly Effect or It May Not Pay to be a Smart A..

Another Tuesday so I thought as started last week to post an Experience with a Message.

To at least provide some context to the following story, it must be noted that when I practiced in the interior of B.C. it was generally accepted that the Vancouver Bar considered us, how to say.... a bit rural :) The generally accepted position was that the Vancouver Bar thought there was "nothing beyond Hope" (for you Easterners Hope B.C. is the last Town before you enter the mountains and the interior of B.C.). Thus as a young and relatively new lawyer fresh out of the box it was always an underlying desire to prove them wrong. This is a story of the opportunity I had to do so.

Acting for a plaintiff on what would generally be considered as a highly procedural estate matter I was forced to file an enforcement motion, with Vancouver Counsel opposing. The motion was set for a spring day in Vernon B.C and while my friend from a large downtown firm was not impressed with the requirement that she attend into the "wilds" she of course did so.

As we started the motion I made my initial submissions which I will admit as newer Counsel were probably a bit longer than necessary, however in response my friend got to her feet and began her submissions with the line that has stayed with me over the decades and paraphrased as follows...."While I appreciate that my friend is relying on the case referenced as the grounds for his motion, as a member of an interior Bar, he may not be up to date on the Vancouver Bar's universal interpretation of this decision which would suggest his motion is without merit" She then went on to make her argument, sprinkling in continued suggestions that I may not know what I am talking about, at which time the Court took the morning recess. Needless to say, as a newer lawyer I was concerned she may be right, however not that concerned and during the recess I approached my friend and suggested, politely that her comments were inappropriate and that she should cease and desist from making same and just stick to the law.

Shortly thereafter we returned and my friend before I could respond to her submissions rose and requested time to make an additional submission which ended with the suggestion that as a member of an interior Bar I may not have had the exposure to the relevant issues and misunderstood the standing law on the matter.

Now at this point I could have just rose and made my argument but as a result of a bit of arrogance due to the fact that she had missed a major point and the genetic contribution of my father who whether as a member of the Bar or a member of the Bench never let an opportunity to be a smart a$$ slip by unrecognized I did not, rather, while looking directly at a B.C. Supreme Court Judge born and raised in the interior I said..."Well your Honour, when I got up this morning and after feeding the chickens, kicking the cow crap off my go to Court shoes and brushing the straw out of my hair, I reviewed my client's position and would suggest that the further cases referenced in my brief establish that my friend's position has been distinguished in circumstances such as those before the Court today and as such the Order should be granted as requested"

After a bit of sputtering from my friend, the Court recessed returned and granted me my Order. My friend with a sour look and no parting words immediately left and returned to the safety of the big City.

You many consider this the end of my story but it's not.

While I now realize my comments were inappropriate and I should have just made my argument not falling prey to the bait. (Note this is true although I have to admit telling this story to this point still brings a smile to my face) However, the title to this story references the "butterfly effect". Jump a year later and I am arriving in the northern wilds of B.C. to the land of the midnight sun for my first multi million dollar, multi week civil trial. I arrive a day early and as I cannot sleep...midnight sun thing has me paranoid because everytime I wake up the sun is up and I think I am late. So I arrive at the Court house at 10, early for my 1 p.m. start to check the list and see which Judge will be hearing the trial, however before I look at the list, I see a big portrait on the wall of the newly appointed local Justice and who to my wondering eyes should appear is my friend from the big City! As the list is posted inside the Court room I enter with some trepidation and to be honest total fear, praying to the law Gods, the Administrative Judge and anyone else that may ensure that my now greatest fear is not realized. Upon entering the Court I see my friend on the Bench and to be honest the double take and slow smile did not miss my notice. Anyway I check the list and found that another Justice had been appointed to the trial.

The moral of the story;

Would my past comments have impacted the trial, no, as I followed her career on the Bench and it was very distinguished, maybe being posted to the land of the midnight sun gave her a better perspective on being "rural" or maybe just an earlier poor choice of words.

In any event the lesson learned is never go for the bait, I was lucky it worked out and always remember what goes around comes around, so be professional and not a smart a$$, deal with the issues not the provocations no matter how easy it is to do so, as you never know when your exploitation of the easy hit could come back to haunt you.

Although in the interests of full disclosure even after writing this it really was a good shot :)