Tuesday, May 26, 2009

Physics

A few days ago, I got an e-mail from a co-worker thanking me for saving the company a significant amount of money. Background: she had been advised by outside counsel to pay on a case that she didn't think the company owed. She came to me -- since I'm in-house counsel -- to get a second opinion on the advice. Upon researching the matter, I uncovered some very recent cases that the outside counsel had overlooked, which were the direct opposite of the advice he was giving her. She took a gamble and asserted the position I suggested and the court sided with us, holding that our company had no liability for the damages sought by the plaintiff. Upon receiving the e-mail, I was on cloud nine. I forwarded it to Big Bren. I let my boss in on our win. Long story short; everyone within hearing distance heard about this case. Honestly, I wasn't bragging; I was just happy (ahem, ahem). As an attorney, rarely does anyone come back to me and say "thank you" for anything I've done.

I was still abuzz with happiness the next day when I got called into a conference with three managers in the office. As soon as I walked in, I could tell that this meeting wasn't going to end with a "thank you." I'd suggested to one of the managers that he pay on a case and he didn't want to hear it, so he'd gotten some reinforcements.

I was okay until he started yelling. He had worked for the company for 20 years and never had he received such ridiculous advice. He wasn't paying on this case and that was final. He didn't care what Legal said. Every time I opened my mouth to speak, he brayed (I'm sorry, but he was acting like a donkey). The other two managers purportedly agreed (although he was hee-hawing so loudly that they couldn't get a word in edgewise, either). The "meeting" ended with me cutting him short and saying that he could do whatever he wanted to do, but I wasn't going to be left holding the bag when (not if) the company was sued for bad faith. AND I was going to document the file to that effect (so there! I really wanted to say that and stick my tongue out at him for good measure, but I didn't).

I stomped back to my desk and documented the file -- stuffing it with every legal reference I could find that supported my position. Then I sat there and seethed for most of the day. Soon enough, though, I realized that -- as they say -- for every action, there is an opposite and equal reaction. I'd had my day in the sun, now the rain was seeking its quality time with me. The one court had agreed with me and now three managers decided they didn't. Cest la vie.

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