About 10 years ago I and my former partner who was also my law school classmate and still is my best friend were trying a business litigation case. We were defending two Mexican nationals who were accused of stealing over $1M in farming equipment from a gigantic Japanese-American farming concern that was based in (U.S.) California but had extensive growing operations in Mexico that our clients had handled. Because of Mexican law, the property had to be in my clients' names, but it was still owned in fact by the US company.
The owners of the company were two old Japanese-American brothers whose roots dated back to before internment in CA. They were very conservative and up tight. They held all the cards in this case as they had the money for some high powered attorneys, formerly of a high profile national firm, and we had proof problems because so much of what had happened was in Mexico and basically beyond our subpena power. We were pretty screwed.
Their attorneys also thought we were just two young, wet-behind-the-ears attorneys who didn't know #### about #### and we had two rough-around-the-edges Mexican farmers for clients while they had two old time American citizens, so the lead attorney for the plaintiffs wasn't even attending every day of trial. This included the day that they put on one of the two brothers to testify as part of their case-in-chief.
In working with our clients, they'd mentioned to us that this particular brother had had an affair with a worker in their office, who I'll refer to as "Hope Iwashiri". This particular brother was also a bit of a hothead. I decided that early on in my full-court-press-cross, I'd find a way to mention her and try to throw him off balance.
They finally sat down and allowed me to start cross at like 4:15 on a Friday (which sucked, but I digress). I launch into the scripted beginning of my cross, which finds a way, while laying foundation, to mention several names working in the office, including Hope Iwashiri. I then paused, and said, "You're
familiar with Hope Iwashiri, aren't you?
" I made sure to wink with the eye away from the jury box.
He may have started the cross-examination yellow, but he went as white as a sheet.
I didn't have much more time, maybe 10 more minutes, but he was imbalanced and distracted the rest of the way before the end of the court day. In the hallway afterwards he was berating his attorney for the lead attorney being absent.
Damn I still wish I had one more hour of him before court adjourned for the weekend.