The Shifting Sands of Time: Legal Practice in Wyoming

• Jurisdiction: Wyoming,United States
• Pages: 16
• Citation: Vol. 46 No. 3 Pg. 16
• Publication year: 2023

The Shifting Sands of Time: Legal Practice in WyomingVol. 46 No. 3 Pg. 16Wyoming Bar JournalJune, 2023

The Shifting Sands of Time Legal Practice in Wyoming

When I was a young lawyer with just a few years of experience, I associated as co-counsel with a very experienced attorney who had practiced law in a densely populated state "back East" where my case was venued. One day, following some heated depositions with a particularly obnoxious opposing counsel, I was discussing with my co-counsel how one might best deal with such individuals. In answer, he told me a story which I'll never forget.

“Be kinder than necessary because everyone you meet is fighting some kind of battle."

~ J.M. Barrie, Scottish novelist and playwright, author of Peter Pan, 1860-1937

by Jeremy D. Michaels

At the inception of his own practice many years prior, he had handled a case in which the much older defense counsel almost immediately berated him in the presence of his client, told him he was incompetent and would never amount to anything, and ended by using a vulgarity used directly toward my newfound colleague; I will simply say he used a term relating to a male body part, but without correct anatomical nomenclature.

In response, my co-counsel told me he calmly informed his tormentor that in due time, he "looked forward to pissing on your grave the day you die." I was naturally shocked at this chain of events and asked how his relationship with that lawyer had turned out. The response from this lawyer who has now been my friend for 30+ years was that many years later, and in fact very shortly before I associated with him for my case, he had learned the man had died of old age, and he then took the time to learn the details of the upcoming funeral arrangements, which appeared in the newspaper.

Following that funeral (which my friend did not attend, of course), he related in a very matter-of-fact way that he'd gone to the cemetery that very evening and followed through on his former pledge. Following this, he went to the nearest pay phone, called the decedent's wife (who apparently was aware of the animosity between the two men), and told her, "Remember me? I'm Robert______, the attorney your husband attacked and continued to harass over my entire practice until he died. I'm calling from just outside the____________ Cemetery and have just pissed on your husband's grave. Have a good night." Whereupon he hung up before any response could be made.

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