It's a Good Idea to Read the Case

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Uploaded by on Aug 5, 2008

One of the most basic duties of lawyer is to represent his or her client effectively. So, when a Court takes time out of their busy schedule to reprimand the attorney during the opinion, you know something went horribly wrong somewhere.

That's what Roger Phipps has discovered, and Loyola Law School can't be too pleased, either.

The US Court of Appeals for the Fifth Circuit is one of the few places where you want to be really prepared for oral argument. Supreme courts (whether the US Supreme Courts or state supreme courts) are another such place. In other words, arguing in front of a US Court of Appeals is a big deal.

So Roger Phipps is presenting oral arguments to the Court, when the Court brings up a relevant case. In fact, it's not just a relevant case, it's a relevant US Supreme Court case. And Phipps admits that he not only didn't read the case, but adds that he doesn't care about it. The case in question is referred to as Morgan, found at National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 118 (2002).

The exchange is priceless:
Judge: What do you do about Morgan?

Phipps: I don't, I don't, I don't know Morgan, Your Honor.

Judge: You don't know Morgan?

Phipps: Nope.
Judge: You haven't read it?

Phipps: I try not to read that many cases, your Honor. Ricks is the only one I read. Oh, Ledbetter, I read Ledbetter, and I read that one that they brought up last night.
I don't know if that's not Ledbetter, I can't remember the name of it. Ricks is the
one that I go by; it's my North Star. Either it applies or it doesn't apply. I don't
think it applies.

Judge: I must say, Morgan is a case that is directly relevant to this case. And for you
representing the Plaintiff to get up here -- it's a Supreme Court case -- and say
you haven't read it. Where did they teach you that?
Phipps: They didn't teach me much, Your Honor.

Judge: At Tulane, is it?
Phipps: Loyola.
Judge: Okay. Well, I must say, that may be an a

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