Lawyerin’ Ain’t Easy

If you’re a lawyer in Texas, and probably elsewhere, you’ve almost certainly heard of Joe Jamail. Joe Jamail, the so-called King of Torts, made his fortune as a plaintiffs’ lawyer in Texas, and is now worth well over $1 billion. Jamail first rose to fame in 1984, when he represented Pennzoil in a suit against Texaco for encroaching on its contract to purchase Getty Oil. Jamail won a verdict for Pennzoil in the amount of $10.53 billion, the largest jury verdict ever at that time. Texaco later managed to settle for $3 billion, and Pennzoil paid Jamail $1 billion for his services. Jamail now claims over $12 billion in jury verdicts and over $13 billion in other verdicts and settlements.

Jamail didn’t get to where he is now by being a softy, though. In Paramount Communications Inc. v. QVC Network Inc., Jamail represented one of the Paramount directors. During the course of the case, Jamail was defending a deposition when the following exchange took place:

Q. . . . Do you have any idea why Mr. Oresman was calling that material to your attention?

MR. JAMAIL: Don’t answer that. How would he know what was going on in Mr. Oresman’s mind? Don’t answer it. Go on to your next question.

MR. JOHNSTON: No, Joe –

MR. JAMAIL: He’s not going to answer that. Certify it. I’m going to shut it down if you don’t go to your next question.

MR. JOHNSTON: No. Joe, Joe –

MR. JAMAIL: Don’t “Joe” me, asshole. You can ask some questions, but get off that. You could gag a maggot off a meat wagon. . . . .

This exchange was apparently only one example of a number of similar exchanges. The Delaware Supreme Court actually added an addendum to its decision, noting “an astonishing lack of professionalism and civility that is worthy of special note.” You can read more about Jamail’s behavior in that case, and a few other examples of hard-nosed lawyers, in an article here.

Jamail’s remarks in the deposition in Paramount may seem extreme, but many depositions see similar, if not quite so egregious behavior. Depositions are conducted by attorneys, and no judge or jury is present. As a result, the deposition is supervised by the lawyers, and if the lawyers get out of hand, well, there’s nothing to stop them. Any litigator can tell you similar stories. Anyway, this post is primarily to provide some background for the following video. Jamail is conducting a deposition, questioning a witness that appears to be a former Monsanto research scientist. Hilarity ensues…

Update, April 10: Youtube appears to be down this morning, and as a result, no video appears below. I expect that the problem should clear up shortly, so check back in a bit to see the video.

Update, later April 10: Youtube is back up, so the video should be working now.

Update, Jan. 26, 2007: Found another copy of the video on youtube, so it should be working again.

Update, Nov. 12, 2007: Another version working now.

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wow !

american lawyers are such good fun !

… but i hope i never need one to represent my interests

Good thinking, because we’re all like that. ;)

If Jamail weren’t a lawyer, he’d be in the mob.

This is the 2nd best depo I’ve ever seen, the best being the “Gidget Lewis” deposition (Houston area, early 1990’s) where the pro se plaintiff’s daddy puts a stocking over his head when he realizes he’s being taped, and later ends the depo by assaulting the camera man.

I can’t find the link for the video. I opened up this page on my Mac at home and again on a PC at work.

I MUST see this video asap. I have two depositions this week and I need to brush up on my skills.

As a practicing lawyer of 20 years, I was positively disgusted with the lack of professionalism of the lawyers involved in this deposition. This is not representative of how the vast majority of attorneys practice law. I found utterly represensible the vulgar language and rude behavior of these over-grown adolescents trying to “out-macho” each other. No wonder lawyers have come to be held in such low esteem by the general public.

I doubt that Mr. Jamail would be allowed to conduct himself in court by cursing and threatening other lawyers and witnesses. If he is allowed to do so in Texas courts, then the Lone Star State should join the Mexican Confederation.

That’s nice, I’m sure Mexico appreciates a crack like that from a big boy Texan like yourself Mr. Myerberg.

Yes, because we should have great respect for Mexico’s exceptional justice system eh?

I mean who wouldn’t feel comfortable facing a court in Mexico?

The idea that respect should be given to all no matter what is what has lead us to the sorry state of affairs the world is in now.

If it walks like a duck….

doofus.

Y’all need to recognize that Jamail is not the bad guy in this video. The other lawyer is trying to run the show, act like he’s not representing someone when he in fact is, and gets into name calling. Jamail was right for not taking any bullshit off some Yankee wannabe hard ass. Lesson: don’t try to bully Joe Jamail or you will learn what school yard bullies eventually learn when someone knocks them on their ass.

Buzz #4 mentions the Gidget Lewis depo. Does anybody have a good copy of this one? I’ve not seen any depo video that can come close to the hilarity of Gidget, Linda and Alton.

From the Deposition of Gidget Lewis:

ALTON MOORE: Y’all ain’t supposed to videotape me whatsoever. Do you mind if I wear a mask?

EXAMINING ATTORNEY: Do you have a mask with you?

ALTON MOORE: Don’t worry about it. [Mr. Moore produces a stocking mask from his pocket, and pulls it over his face]

Did anyone find the Gidget Lewis deposition? We had it in law school but I haven’t seen it since.

got the Gigdet Lewis depo on video tape!!

Ive been looking for that Gidget vid for years too. I had it in law school, loaned it out, and now it disappeared. Who knows what happened to it. Does anyone have it or know where to get it?

Americans!…….

As a court reporter, we can stop the deposition at any time and leave!

As a court reporter, we can stop the deposition at any time and leave!