Rock, paper, scissors and an update
As some of you know, a federal court judge ordered two attorneys to a game of rock, paper, scissors. As it turns out from this letter to the editor (courtesy of Stephen Verbit), the game was not played:
This letter is my only public comment on the “rock, paper, scissors” order. I speak for myself and my law firm, not my client. I write to correct several misstatements of facts in your July 1 article. The dispute was not that I “wanted to question a witness in [my] office” while attorney David Pettinato “insisted on a neutral setting.” The witness was my client and it was opposing counsel who wanted to depose him. My Massachusetts client agreed to travel to Tampa, at the client’s expense, for the deposition. It is a professional courtesy, in the Tampa Bay legal community, that parties are deposed in the office of their own attorney. I requested that courtesy from opposing counsel. Naturally, I told him I would reciprocate by deposing his clients in his office, or anywhere else he wanted. Although our offices are in the same building, with an adjoining hotel, my opponent refused and set my client’s deposition across town. Opposing counsel also wanted seven depositions of my client’s employees. All live in other states but, again, I agreed to bring them to Tampa, without subpoenas and at my client’s expense. He also refused to depose them in my office. The article suggested, we both “took the matter to court.” Actually, on June 5, Mr. Pettinato filed a motion “to designate” the location of my client’s deposition. Immediately, on June 6, Judge Presnell entered the now renowned “rock, paper, scissors” order. The next morning, I took the elevator to Mr. Pettinato’s office and we settled the issue. The deposition of my client would be in my office and the depositions of his clients in his, just as professional courtesy prescribes. After we resolved the issue, I asked opposing counsel to stipulate to vacate the now unnecessary order. He would not stipulate. Then, when I filed a motion unilaterally, he changed his mind. I amended the motion to show the change and Judge Presnell granted it. Thus, there was no game, the depositions have been taken, and the thing is behind us. The article also says Mr. Pettinato was surprised at “getting bombarded” by news media. I received the same requests to comment, including yours, but declined because the issue was settled and I felt the publicity did not show the legal profession in a good light. I continue to hold that opinion Lee Craig Tampa Two things I get out of this: First, still do NOT talk to the media. Second, sometimes judges do have a sense of humor. Oh, and one more thing, resolve disputes before you make the court do it!
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