Gotta Be the Shoes...

Saturday, July 11, 2009

My last trial was a divorce where the defendant had represented himself up until a few months before the trial. He filed a few really ridiculous motions, but this one from a Florida court takes the cake. It is a:

Motion to Compel Defense Counsel To Wear Appropriate Shoes


Here are some excerpts from that Motion:

1. This is an action alleging personal injuries . . . .

2. Trial is set to begin on June 15, 2009.

3. It is well known in the legal community that Michael Robb, Esquire, wears shoes with holes in the soles when he is in trial.

4. Upon reasonable belief, Plaintiff believes that Mr. Robb wears these shoes as a ruse to impress the jury and make them believe that Mr. Robb is humble and simple without sophistication. . . .

* * *

6. Part of this strategy is to present Mr. Robb and his client as modest individuals who are so frugal that Mr. Robb has to wear shoes with holes in the soles. Mr. Robb is known to stand at sidebar with one foot crossed casually beside the other so that the holes in his shoes are readily apparent to the jury . . . .

7. Then, during argument and throughout the case Mr. Robb throws out statements like "I'm just a simple lawyer" with the obvious suggestion that Plaintiff's counsel and the Plaintiff are not as sincere and down to earth as Mr. Robb.

8. Mr. Robb should be required to wear shoes without holes in the soles at trial to avoid the unfair prejudice suggested by this conduct.


It is an interesting strategy on both parts, but I have never heard of anything like this being tried. The Judge denied the motion. If I were the moving party I would have to say I would be mad that I was being billed for that motion, but they ultimately won the trial.

Lowering the Bar has added this motion to the Archive of Useful Pleadings. There are some pretty good ones. I know that I plan on using the Motion for a Fistfight the next chance I get.

6 comments:

B Mac 11:36 AM  

That might be the best Notice of Appeal I've ever read.

Bob 9:59 PM  

That might be the best Notice of Appeal I've ever read.

Me too. Although it is the only, Notice of Appeal I've ever read.

B Mac 9:38 AM  

For some reason, it reminds me of this classic piece.

Bob 9:48 AM  

sure how it relates, but the Spider thing is a classic.

Smitty 3:54 PM  

I sent this to every lawyer I know. Hysterics.

Mr Furious 9:39 PM  

That spider thing rules.

Was there a final ruling on Mike Brady's briefcase vs. phony neck brace?

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