First Trial

I had my first solo trial last week. I won, sort of, so that's good. That's not the point though. I found out the morning of the trial that opposing counsel was sleeping with his client.

Let me paint that picture for you; attorney, early 50s, 5'9, balding with remaining white hair, glasses, face apt to turn red. The client is not an ugly woman, but she is a roundish early 40s female with three kids she has yet to recover from, the oldest of which is 20.

I had a dilemma, do I confront the other attorney? Do I bring it up to the judge? Is it relevant? In this state you are allowed to sleep with your clients as long as it does not effect how you represnt them, do I point out to the judge the effect the representation had from his interest in the client?

I was cross-examining the woman. I showed her a picture of her house and three cars. Two of which were hers, the third was the attorney's, I feigned not being aware of this fact.

Attorney: Whose Green SUV is that?
Witness: Opposing's.
Attorney: How often is Opposing's car parked in your driveway?
Witness: Two or three times a week.
Attorney: Is Opposing a renter?
Witness: No, Opposingis Mr. Counsel.

Judge: Wait, who is Mr. Opposing Counsel?

Witness: Mr. Opposing Counsel, Opposing, you know, him, the guy sitting there with the glasses.

Judge glares at opposing counsel, I stay quiet for a good minute.

Attorney: Mr. Opposing counsel, this guy right here, parks there two or three times a week?
Witeness: Yes.

I wish I had gone on and asked, so what, you have him stay at your house two or three times a week? what for? Arent you worried about keeping your kids up? I mean, your daughter, she's 16, sort of hot, I mean in a jail bait kind of way, dont you worry? I mean he is an attorney, sort of a leach on society, I mean if he is sleeping with one of his clients, why not bang the daughter to? Of course, I didnt, I am an ethical individual.

Then I moved on to another topic; it was fun to at least embarrass opposing counsel a litlte bit. I mean, seriously, if you are using the fact that you represent someone to get some loving, you probably should just give up. I probably should have continued to harp on it and then ask the judge to not allow opposing counsel to continue his representation, but it is really not smart to piss off attorneys whose father's are judges and who have been practicing for 30 years on a case that deals with such a small outcome for the client.