As I have said before, I loved representing entrepreneurial business clients because they are crazy.
The little cases are always the funniest and the easiest to tell.
He was a general contractor who built big shopping malls and was always very gruff, extremely overweight and endlessly funny. He, his wife and I, became friends over time and my professional responsibilities merged into our friendship as we got to know each other.
After making a lot of money building shopping centers and stocking them with commercial tenants, he decided to design and build his own mansion. He bought two adjoining lots in a suburban cul-de-sac, and designed what his wife described as “a Las Vegas hotel — not only embarrassing but gauche.”
In his mansion, he determined that he wanted a large indoor fountain, as well as special toilets for his and his wife’s bathrooms. These toilets would protrude from the wall, but have no base onto the floor because he thought that was classier.
He had absolutely no sense of taste.
He battled with the architect who said that these toilets could not withstand his weight and were not classy just because they came out of a wall and didn’t have a base.
She succeeded in vetoing the lavish indoor fountain, but he won the battle in their matching bathrooms with the “extended toilet” from the wall, which had no connection to the floor.
I was his lawyer but we made each other laugh. As I was thinking back on him, I remembered defending him in a lawsuit many years before he built the mansion. He had put a roof on a tenant’s building and the tenant had decided to represent himself because he thought he knew everything about construction and could litigate better than any lawyer.
It was a little non-jury case to be tried in a packed courtroom full of lawyers and clients waiting for their cases to be called. Trying a case in a court at this level is like litigating in a circus tent a head on collision between clown cars — particularly if a defendant or plaintiff comes to represent themselves. The judges at this level have a rotating docket consisting each day of either misdemeanor, criminal, petty civil or traffic court.
I knew the judge socially. He had developed a sense of humor after too many years presiding over these petty cases and traffic court.
The plaintiff in this case argued that the “neoprene” roofing materials had been inadequate, and he was going to be his own expert witness to prove it. The plaintiff was a buffoon who didn’t know what he was talking about. It was a little case that would cost more to try than settle. The client decided to try it “on principle,” which is always a problem. He told me, “I don’t care if you win or lose, just make me laugh.”
I decided to go for broke. After the plaintiff announced that he wanted to be his own expert witness, I decided I would cross examine him on his qualifications before the judge ruled on whether he could be considered as an expert witness on roofing materials.
I asked him if he knew of the latest advancements in “neoprene” roofing materials. He clearly was uncertain but proclaimed he did. I had him hooked. I carefully asked him if he had ever heard of the new “Neofeces” roofing materials.
He said that he had. I spelled it out for him so he could be certain. He cautiously said he was certain.
So now I was crossing him on Neo (new) feces (shit) roofing materials. Clearly you could feel the courtroom saw entertainment in its future.
I asked him if it bothered him professionally that “neo-feces“ was still regrettably not yet odor free. He claimed it did not. I asked him whether he agreed that double-ply toilet paper was considered sufficient for the removal of “neo-feces.” The courtroom rustled as those watching started to follow the tightening of the noose.
After one or two more questions inquiring about the benefits of “neo-Feces,” I paused between the two words and the courtroom started to laugh a little but the witness did not. At this point, the judge stopped me to preserve order in the courtroom and instructed me that I had made my point and had “won the pot with a royal flush.” This was appreciated by all those still waiting to try their cases, as well as the backbench court watchers.
About a month after my client had moved into their new opulent mansion, I got a call from my client’s wife at around 11 o’clock on a weekend night.
She started the conversation by saying that I must come over immediately because she could no longer talk to her husband, who was presently lying on his back on his bathroom floor laughing hysterically.
Apparently, after a night of much beer and football on the super wide screen, he had sat down on his toilet and it had broken off, and he kept slipping and could not stand up because there was water shooting all over the bathroom. I told her I would contact a plumber to turn off the water and then I would be right over.
I asked her, “How bad was it?” She paused on the phone for one second and then just said, “Let’s put it this way, the goddamn toilets he wanted didn’t work, but that’s okay cause he got his goddamn fountain!”
