Under Analysis: A fall day

Mark Levison, The Levison Group

I was in Minneapolis last week. A new grandson, Everett, is six months old. His brother Soren is turning two. I spent a long weekend in that northern town, as it contemplated the coming fall. Some time was spent dictating a letter to a presiding judge requesting a trial setting in the name of a client who has had to wait too long, and writing a post-trial brief, explaining why my side should win and the other side should lose. I spent the rest of the time with my oldest daughter's family, going on walks, visiting festivals, and generally maneuvering around nap times. The thought of having grandsons for somebody who fancies himself as a teenager seems a little out of place, but there it is. It took a little while for six-month-old Everett to get used to a new face. Soren and I bonded long ago. The keyboard I brought him for his birthday may have helped with him, though not necessarily with his parents.

Now, back home the days are getting a little shorter and a little cooler. My wife Cheryl and I have been trying to take the convertible out while the weather is still so pleasant. She made me sell my motorcycle - something about a premonition. By the way, Cheryl thinks I'm Clarence Darrow and F. Lee Bailey combined, so she constantly volunteers my legal services for any person in need, regardless of the area of the law. Sometimes I don't have a clue about the particular subject matter in which she says I'm an expert. As an example, my instincts in criminal law are never right. However, on occasions, she "signs me up" for a case that I rather enjoy.

It just so happens that the area where we live boasts a listserv, and people using it are often discussing their personal legal conundrums. That's where Cheryl comes to the rescue. She is certain she knows the law, generally feels the listserv members have been wronged, and is positive I am the solution.

When I got back from Minneapolis, the new case I had been volunteered for concerned a neighborhood dog. Before you jump to conclusions, it was not a dog bite case, and not a man-bites-dog case either. In this particular case, my client/neighbor claims he had his dog kenneled for a while and it came home injured. He was shocked to see injuries that had taken days to fester and could not imagine why he had not been informed earlier so he could get his dog to a vet. Of course, upon Fido's return home, my client immediately took him to the vet. He then asked the kennel to pay the small vet bill. The client says he was told that the dog was fine when it left and the injuries must have been caused by his daughter who picked up the dog. Things didn't go well after that. Eventually, my client posted negative reviews about the pet boarding house on the internet.

Sometimes the fights with the least monetary damages can stir up the most intense emotions. Threats were made about how much it was going to cost my client when one of the many lawyers that were eager to take the boarding house's case sued my client for defamation. My client even felt he was being threatened with negative reviews in respect to his wife's unrelated business. Then, in fact, a negative post was made regarding his wife's business from someone who was not a client. People can get in trouble posting fake reviews. One of my favorite things to do as a lawyer is to help people in the legal system who cannot afford to fight a particular battle if it seems to me that they are in the right.

I've been working exceptionally hard the last couple of years, and have tried and resolved a number of matters. As a result, my caseload has slackened and I don't have to ramp up for the next big trial until December, so, a good pro bono dog case might just be a perfect fall pastime. Meanwhile, I plan on enjoying the bright, crisp days of autumn, building outdoor fires and complaining that as fast as I skim out leaves from the pool, new gusts of wind bring the flickering yellow fall right back in.

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© 2016 Under Analysis, LLC. Under Analysis is a nationally syndicated column of the Levison Group. Mark Levison is a member of the law firm of Lashly & Baer. Contact Under Analysis by e-mail at comments@levisongroup.com.

Published: Fri, Sep 16, 2016