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A Happy Story: Crying in the Courtroom
I had a great experience in court this last week and by the end of a hearing, everyone was in tears.
Jane Doe (not her real name) decided to commit suicide by drinking herself to death, not unlike Leaving Las Vegas with Nicholas Cage. She rented a studio apartment and stocked up on alcohol. And she started drinking, drinking and drinking. Jane didn’t succeed. She dialed the Crisis Center and her finger hovered over the dial button. She finally pressed the dial button at 4:00 a.m. on November 30, 2015. She was taken to the Hospital, then to Detox, then to the local public substance abuse inpatient center.
The staff at the inpatient center went to the landlord and turned in her key. They were told that she would never be returning. It took the landlord a month and a half to re-rent the apartment.
Jane spent 37 days in the inpatient center. After that, she lived in a “sober living” center. She attended AA. I asked her what her sobriety date was. November 30, 2015, at 4:00 a.m. (I told her that my sobriety date was January 5, 2001 so she wouldn’t feel so damn alone.)
The landlord sued Jane for $1,600 for a month and half of rent, plus $1,100 in Prejudgment interest at the contracted rate of 20% a year, plus late fees of $270.00, plus Court costs. The total amount was over $3,000.00.
Jane lives near my Office Manager and often gives her rides to and from work. (My Office Manager grew up in New York City and does not drive.) I agreed to represent Jane for free, as a favor to my Office Manager. We went to Small Claims Court this week. Under the rules, attorneys are usually not allowed to participate in “Small Claims Court.” My Office Manager called, and the Plaintiff agreed to me appearing in Small Claims Court.
But when the hearing started the Plaintiff (the apartment business manager) objected to proceeding with me participating. The Justice of the Peace tracked down this issue with his Clerk and confirmed the conversation where the Plaintiff’s staff had agreed to my participation. The Justice of the Peace read the rules or statute that said that attorneys could participate only if the agreement was in writing. I was well aware that the Plaintiff’s attorney is an absolute killer, and my client would likely be hit with attorney fees of another $1,000.00.
The Justice of the Peace was brilliant. He asked the Plaintiff what she wanted. She outlined her case. He asked us what we wanted. The Plaintiff objected and insisted that she be able to reset the case to have her attorney represent her. The Justice of the Peace said that no one had been sworn in and that he just wanted to see if an agreement could be reached.
I grabbed the opening. I told the Court and Plaintiff that Jane had decided to commit suicide by drinking herself to death. I told the Court and Plaintiff about her long path through inpatient care and then sober living and that she had never gone back to drinking. The Plaintiff started to cry.
In a flash, I had a realization about how to achieve a win-win-win situation. I leaned over to my client and asked if she would settle for $500.00, given that while we could reduce the 20% annual interest, we would likely lose the rest of the case, and she would have a large judgment against her for. She agreed but said that she didn’t have $500.00. I told her that I had a plan.
I turned to the Plaintiff and said that if she would accept $500.00 as payment in full, I would write her a check immediately after the hearing. The Plaintiff was crying. She said that her husband had died due to his alcoholism, and that, yes, she would accept our offer. The Plaintiff then came over and hugged my client said how proud she was of her.
Everybody was in tears. The Justice of the Peace said that unless the Plaintiff came in by the end of the day to say that she hadn’t been paid, the Court would dismiss the case.
My client felt ashamed by the whole process so I sent her and my Office Manager out for coffee, while the Plaintiff and I went to my office. I wrote the check for $500.00, and then I gave her three books, “I Wasn’t Ready to Say Good-bye” which is for the families of deceased people, “How to Survive the Loss of a Love,” and “Row, Row, Row Your Boat.” The Plaintiff hugged me.
Jane was very concerned about how she would pay me back $500.00. My Office Manager pays Jane $10.00 for each time she gets a ride, which saves a great deal over the cost of a taxi. I suggested that Jane would just need to give my Office Manager 50 rides, and she would be square. That was very acceptable to her.
It is hearings like this one which is why I practice law.
Published in General
Excellent story Gary, and proof that a small act of kindness may be enormous to someone else. I wish Jane Doe nothing but the best.
Thank you!
Gary,
How wonderful. This is one of the best aspects of being a Ricochet member, knowing (at least virtually) incredible people like you. God bless.
Sure you will! To paraphrase the old saying, “One good apple doesn’t mean the rest aren’t spoiled.”
And I say this with two close childhood friends who are lawyers . . .
OK…I will never tell another lawyer joke, unless it’s a really really good one.
There is no such thing as a really really good lawyer.
Abraham Lincoln?
After the Booth thing, you mean?
LOL they’re all good!