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The ABA is looking to publish a list of most popular legal blogs. Not that I seek public adulation, but, uh...why not head over to http://www.abajournal.com/blawgs/web100 by July 30, 2017 and vote this blog as one of the best legal blogs.

You know, for kicks and giggles.

Monday, March 30, 2015

It's the little things that will get you

PULL UP, MAN!
So, I'm reading about that German plane crash in the French Alps and I see an article that suggests that it was the co-pilot that caused the plane to take a nose dive right into the mountain killing all 150 passengers.  Apparently, officials reviewing the cockpit audio found that at some point, the pilot left the cockpit and upon return, the co-pilot refused to open the door to let him back in.

What is interesting is that right at the start of this horrible event, before any solid investigation, "officials" insisted that this was not a terrorist act.  Now, I'm thinking maybe they're not so sure.  Yeah, yeah, co-pilot was unstable but if I were a terrorist organization bent on killing people, who better to have as the trigger man than someone who is looking to end it all anyway?  Saves on C-4 expenses, at least.

Anyway, the/a problem with all of the official statements is that if you draw conclusions before you do some background research, you're bound to get burned somewhere down the line - which all reminds me of this guy that came into the library the other day.  Seems guy had been sued by a bank for failing to pay on a credit card (for money had and received).  Seems guy had filed his answer to the complaint (for $435).  Shortly thereafter, guy gets to thinking and discovers that he didn't even have that credit card.  Not only that, but his wife and son didn't have the credit card.  A conundrum, to be sure.

Anyway, guy goes about his business and shortly before trial, guy goes to the Settlement Conference.  Guy addresses the fact that no one in his family has that credit card and, lo and behold, it is discovered that the bank sued the wrong guy (and the lawsuit is subsequently dropped).

Guy was shocked!  Other attorney is shocked!  Heck, I'm shocked at how guy could have let something like this go on without checking.  Guys says to me, "Well, how could I have known?"  Turns out there is a very good way to find stuff out called Discovery.  In this case, guy could have used the Breach of Contract Form Interrogatories and gotten some basic information about the other parties case.

Other Discovery resources that come in handy might include:

Bottom line, you never know what's going on until you do a little digging.  Best to do your homework before you go off half-cocked because you don't want to do something that you don't have to do, do you?  Don't know how to proceed?  Start with your local county law Librarian.  We're here to help you because that's what we do. Yeah, we are that good!