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This blog shall reflect bits of my life... |
| I observed an unnerving event recently. I was served a subpoena to appear and testify in a case between a young woman and the apartment complex she was renting from. The gist of the case is that the complex alleges that she was not paying her due rent. The company was suing for back rent, legal fees, and custody of the apartment. The young woman was countersuing, alleging that her rent was not due because of an ongoing cockroach infestation within her apartment. I was summoned because I had responded to her residence per her request to document the said infestation. She opted to hire no attorney. When I arrived outside the courtroom I immediately saw personnel from the apartment complex waiting as I was. After a few moments their attorney emerged from the courtroom followed by a few other people. They all gathered at a podium in the hallway and discussed what I thought at first was the case I had been summoned for. I was wrong. I heard the attorney telling the people what he thought the judge would do, what would happen next, and why that would be bad for them. Then a sort of negotiation erupted that I opted to move away from. My primary concern at that point was to in no way appear biased in favor of anyone. I went to the restroom, and when I returned the people were gone. The attorney summoned me to the podium with the personnel from the complex. He asked me questions about the events and seemed to be confirming that which he already knew. He then told me I should wait inside the courtroom. In entered and saw the defendant sitting on the right side. I entered the bench in front of her and sat nearby. I found a wooden plug on the floor that had fallen from one of the benches, so I picked it up and located its origin. I pushed it back into its hole. Looking back, I believe that was one of those moments when we busy ourselves by giving too much importance to something unimportant simply because we are nervous. The plaintiff’s team entered the room, and I wondered what they thought of me choosing to sit near their defendant. In the end, I was glad I had because I developed an ever increasing sense of sympathy for the poor girl as events unfolded. Everyone took their places. Then a series of formalities ensued as the judge made some explanations, especially to the defendant who was unfamiliar with the proceedings. She sat opposite the attorney at a table, neither of them facing the judge. I had not expected that. Of course, other than municipal court the sum total of my courtroom data is a result of fictional settings on television, movies, and books. I was learning with each passing moment. Evidence was introduces one item at a time consisting primarily of documents. The lease, ledgers of pest control measures, and things like that were entered into evidence. This was the point that I began to feel sorry for the defendant. The judge asked her each time if she objected to the entry of the evidence. Several times she responded that she did and stated her reasons. Each time the judge overruled her objection because it was not based upon a valid legal objection such as having been obtained illegally or validity as an actual record. Had she hired an attorney s/he might have either not objected at all or objected in a manner that was sustained by the judge. Instead each objection ended in an uncomfortable moment of silent defeat. I did not like seeing that happen even though I was neutral. I suppose I can never truly be neutral when a fellow human being is under such duress before my eyes. Witnesses were called including me, men from the pest control company, and someone from the complex. During one cross examination the witness did not understand the defendant’s question. The judge reiterated it to him. The defendant interrupted, intending perhaps to clarify, but the judge took it as an addendum to the original question and reprimanded her by sternly saying, “NO,” and putting his finger in the air to stop her from speaking. I wished he had explained to her that she could add that part to her questions after he was done, but he did not. She apologized, and I believe the exchange shocked her because she didn’t follow through with the additional inquiry. My sympathy for her was growing. She cross examined the pest control people and seemed to be challenging the safety of the chemicals as well as their right to enter and leave her apartment without notice. The opposing attorney cited clauses in the lease covering right of entry. The pest control guys debunked the safety issue with responses that even I could have managed from my experience dealing with mosquito and rat abatement in my previous position. Had she hired an attorney, her lawyer likely would have researched all of this and avoided aimless questions and propositions about such things. Throughout the entire process, as she meandered about the subject of roaches, the attorney constantly reminded her and the court about clauses in the lease. The lease provided the company access to her apartment to spray for bugs. It also provided that ‘she’ should have to pay legal fees if they had to pursue her rent payments in court. Again and again, the lawyer presented this. I suspect he did this knowing that the issue of roaches was going to be irrelevant to the paying of rent. He used her argument as a distraction and a forum to cement his own points. At this point my sympathy was still strong, but I was growing a little annoyed at her for showing up without proper representation. When the trial was over the judge assured the parties that a ruling would be mailed to them. We were all allowed to leave. I charmed my way out of the public parking garage without having to pay, and then I went back to work. What I witnessed that day was an uncomfortable affirmation that showing up to court absent an attorney is a bad idea. It doesn’t come down to who is right or even who is best. It seems to be about who knows the rules and maybe the odds. Perhaps an attorney would have advised the young woman that roaches in an apartment cannot excuse a tenant from thousands of dollars in rent. He might have told her that the roaches would be a separate issue and a much easier one to win if her rent was in good standing. These things I cannot know. My simple assessment is this: A layperson challenging an attorney in court is a proverbial example of bringing a knife to a gunfight. All of the ability and rightness in the world cannot help if one does not know what to do with it. If you must fight a battle in court, do so with an attorney at your side. |
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