tow. I loved the old building with its pillars, high-ceilinged courtrooms, and historic photos. Miami is a bit short on history, but this building gives the feeling that we’ve been around a while.
I felt a little unsteady. Karen took my arm and we marched to the elevator.
“You’re in luck. We drew Judge Elizabeth Maxwell,” said Karen.
“I’ve met her. She’s nice, but why am I lucky.”
“She’s an advocate for women in the profession. Before she was on the bench, she was the president of the local NOW chapter, and she sits on the board of the National Association of Women Judges. Their main purpose is to foster women in the legal profession. She won’t be impressed with a male lawyer trying to keep a female lawyer from earning a living.”
Our case was the first one called in the afternoon session. We were seated at the defendant’s table. At the plaintiff’s table sat Frank surrounded by a phalanx of lawyers; two others from my old firm, one of the old-guard good old boys from a Washington firm with local offices, and a paralegal, unpacking copious papers from their assembled briefcases. Frank was a dunce. He hadn’t included one woman in his army of legal talent.
Karen smiled as she approached the lectern. “Good Afternoon, Your Honor. I am —”
“Yes, Professor, of course, I know who you are, and it’s good to see you. Let’s see, you represent Mary Katz. I’ve reviewed the pleadings. Mr. Fieldstone is suing Ms. Katz, a former member of his law firm, and wishes the court to enter a temporary restraining order, keeping Ms. Katz from contacting or representing her clients. What seems unusual here is that you, Professor, have requested this emergency hearing. I would have expected Mr. Fieldstone to be the one eager for this hearing.”
“Well, Judge, I would have thought so, too, but this is indicative of the game playing that Mr. Fieldstone is engaged in. It appears he is using the court system to get back at Ms. Katz for breaking off their engagement. Of course, Ms. Katz could not remain as a part of Mr. Fieldstone’s firm after that. The clients that she has continued to represent are those that she herself brought into the firm.”
Fieldstone’s lawyers were all on their feet objecting.
“Sit down, gentlemen,” the judge said. “You’ll have your chance in a few minutes, and when you do, you will select one spokesperson. We’re not having double-teaming. Understand? Go ahead, Professor Kominsky.”
“Your Honor, I have prepared a chart of all of the clients involved. You will see the date Ms. Katz began representing them, the subject matter of the case, and where the case is in the system. As you can see, most of these cases are criminal matters. No one else at Field-stone’s firm handles criminal cases. Two are being handled pro bono, so if the plaintiff wants to take over that representation as a free contribution, Ms. Katz has no objection. However, Fieldstone generally objected to her handling these matters for free, so it seems unlikely that he will want to do so. May I also approach and hand to you letters from thirty-nine of Ms. Katz’s clients expressing their desire to have her continue as their lawyer, and waiving their attorney-client privilege should you wish to hear directly from them.”
“This is very impressive. Plaintiff, let’s hear your side of this.
The Washington lawyer approached the lectern. “Judge, it’s black-letter law. That is, every court in this country frowns on the theft of client files and the outright stealing of client representation. Your Honor will certainly not want to risk being overturned.”
“Sir, I’ve been on the bench for twelve years. I amconfident in my decisions. Every court does not rule in lockstep. The facts vary in every case. Now are you telling me that Mr. Fieldstone has suddenly decided to take up criminal law?”
“Well, I’m not sure, Judge, but …”
“I’ve heard enough. I’m ready to rule. As you all