Attorney Forgets to Settle Case

When Paul Hastings partner Jeffrey Schmidt flipped through his calendar this past Monday he was utterly mystified at what he saw. Friday, the day he was planning to leave early to “drum up business” at the local racquet club, was completely blocked off for a jury trial in the United States District Court for the District of Columbia. “It couldn’t be,” Schmidt thought to himself. “That case for Wilkinson Oil has to have settled.” Then it hit him, in the midst of consistently ignoring phone calls and emails, he had totally forgotten to settle the case. As a result, Schmidt was potentially encountering something he hadn’t seen in more than a dozen years of BigLaw practice – a case that actually needs to be tried in front of a judge or jury.

Frantically, Schmidt scanned his brain for the name of the associate who handles the Wilkinson Oil case. After some trial and error, he reached Elizabeth Cummings, a fifth year that he only remembered as someone who sent way too many emails. Cummings was ecstatic at hearing from Schmidt. “Jeff, thank God you called – where have you been? I have been trying to reach you since the court denied our summary judgment motion three months ago! I’ve been flying this ship without a proper license and I need your help.” Schmidt apologized for being “out of pocket” and agreed to meet Cummings in a conference room on the 22nd floor to get up to speed.

Two hours later, Schmidt finally made his way to the conference room where encountered a bleary Cummings surrounded by stacks of boxes, notepads and take-out containers. “What in the world have you been doing in here?” Schmidt asked with incredulity. “Isn’t this just a breach of contract case?” Cummings, resisting the urge to dive at Schmidt and stuff every piece of paper in the room down his throat, calmly replied, “Well Jeff, per my daily emails and voicemails I have been finalizing our exhibit and witness lists, preparing deposition designations and filing motions in limine by last Friday’s deadline!”

As Cummings spoke, Schmidt got immediately distracted by how much she looked like his niece from Colorado before getting completely overwhelmed by a pounding headache. “Cummings!” Schmidt interjected. “Please stop. My brain can’t take all of this at once. I’m going to talk to the client about resolving this thing so you can stand down.” Cummings again quickly counted to 10 before asking if Schmidt got the “settlement is not an option” email from the client last week.

Schmidt feigned anger, muttered “of course I did” and stormed out of the room to return to his office. Alone in his office a moment later, his heart racing, Schmidt tried to calm his emotions before turning to his computer, pulling up Google and typing in “books on how to try a breach of contract case.” Good luck Wilkinson Oil, good luck.