Sure: here's a report that I wrote up yesterday for an appearance I covered for another attorney through an office that sets up such things (essentially an appearance counsel broker) - the names were changed to protect the pathetic:
"
I was contacted by [barbara] on Friday, April 4, about appearing in Dept 20 for a trial matter on behalf of the plaintiff. The instructions with the assignment were to seek a 60-day continuance of the trial because the attorney of record (AOR), who we at the time thought was [Kenneth Garvey], was having some unspecified health problems.
Both [barbara] and I agreed that we should get some additional information about the AOR's circumstances to convey to the court, and [barbara] indicated that she would attempt to do so over the weekend. [barbara] also advised me that she was having trouble communicating with the representative from the attorney's office and was even having trouble finding a good telephone number. She and I agreed that in the absence of more information I'd attempt to make the appearance and do the best I could under the circumstances.
Over the weekend I received no further information. I spoke again with [barbara] before the scheduled hearing and she indicated that she would again try to get further information. In quick succession during the hour preceding the 9:30 hearing I received three voice mail messages from [barbara]: 1) confirming that she continued to be unable to reach the AOR to get further information and that I should appear and do the best I could; then 2) indicating that I should NOT appear per the AOR's representative; then finally 3) indicating that I SHOULD appear after all. The last message added that the AOR's rep, named [Lucy Gonzalez], would be appearing with me in court and would have medical documents with her to substantiate the AOR's medical incapacity.
Ms. [Gonzalez] immediately thereafter contacted me by telephone and I indicated to her that I would meet her in front of Dept [99], which I did at about 9:10. She is a Filipina woman who was seated on a bench outside the courtroom, and she was accompanied by an Anglo man wearing a t-shirt and blue jeans. I asked her if she was Ms. [Gonzalez] and she said she was. The man was standing right next to us and said nothing, so I asked him who he was, and he identified himself as [Kenneth Garvey].
I advised Mr. [Garvey] that it was my impression that he was medically unable as the AOR to appear at the trial and that I was therefore surprised at his presence. I asked why he could not make the appearance himself. He responded that he was the general counsel for the corporation (and apparently therefore a witness) and that representing the corporation would be a conflict of interest. At some point he mentioned to me (possibly as a way of explaining his informal dress) that he'd just returned from two months in the Philippines.
I asked if there was an AOR for the corporation and he said there was. I asked who that was and he told me her name was [Kelly Bennett], and she was located in San Jose and wouldn't be making the trip down. I asked why not and he said something to the effect that "she can't be making trips back and forth". He added that she hadn't made an appearance in the case for nine months. I indicated to him that that was all well and good but that the court would be expecting her to make the appearance as the AOR absent a valid reason, such as a health problem. I asked if she was the one who had health problems.
Mr. [Garvey] didn't answer my question directly and instead inquired what kind of law did I practice. I told him, "Civil litigation, but if you're wondering whether I'm going to just step into a trial matter cold without the benefit of the file [which they clearly did not have with them] the answer is 'No'." I added that I was "concerned" that I'd been told I was appearing for an ill attorney and yet was in fact being presented with another scenario entirely.
I indicated that I would need to speak with Ms. [bennett], and I asked if they had her number for me to call. Ms. [Gonzalez] fumbled around with her phone for a few minutes before I finally just Googled the number on my phone and called Ms. [bennett]. I left a voice mail message for her describing who I was and outlining the basics of the situation and my confusion over it.
I then called [barbara] and described the above situation to her. She (after checking in the office) and I both agreed that I should not make the appearance and that I should just walk away. [barbara] reiterated how bizarre this was given that her original contact person with Mr. [Garvey]'s office, [Denise], had repeated to her the story about a medical problem just this morning.
I returned to Mr. [Garvey] and Ms. [Gonzalez] and advised them that I'd been instructed by [the office] not to make the appearance and that if they had any questions they should call [the office]. I asked who [Denise] was and Mr. [Garvey] replied, "Secretary." I asked whose secretary she was (she could, after all, have worked for Ms. [bennett]) and both he and Ms. [Gonzalez] replied, "She works for us." I asked if they had any idea why [Denise] had been claiming that the attorney was unable to appear because of some form of medical problem and both Mr. [Garvey] and Ms. [Gonzalez] were silent, exchanged glances with each other and actually averted their eyes from me.
Mr. [Garvey] changed the subject and made a comment to the effect that they obviously needed to advise the court that Ms. [bennett] would no longer be the AOR, and that they'd need a 60-day continuance (this parallels the 60-day request articulated by [Denise] , which suggests that [Denise] was receiving instructions from Mr. [Garvey]). He then asked me (apparently as a further attempt to retain my services) how long it would take for an attorney to "get up to speed" on the case, and I told him that without seeing the file there was no way of knowing as some cases can be reviewed in minutes and others might require weeks or more.
I reiterated my intention to leave, and at that point departed. Ms. [Gonzalez] stated at the end that they would still pay the appearance fee to [the office].
I again called [barbara] to advise her of the above as I departed the courthouse. I never set foot in Dept [99]."
Wanna cyber?
