Monday, September 06, 2010

Dirty coffeepot prevents malpractice

I woke up early this morning thinking about a case I just filed last week. Those of you who've practiced without rear ending the ambulance Plaintiff's litigation, you likely know what I was experiencing: the "Oh shit" feeling.

This case got filed on Friday because our firm never wants to mess with the statute of limitations. The feeling, however, originates from the fact that the case walked in the door last Monday. Meaning, we didn't get to really dot all of our I's nor cross all of our T's (read: our private investigator was on vacation) thus, we were not sure of all the proper defendants when we filed the complaint. (We had a good idea, but...we weren't 100% sure...hold your surprise)

Enter 5:45 this morning when I can't fall back sleep due to my oh shit feeling.

Enter 5:48 in the morning when I discover both of my coffee pots are dirty.

I need coffee. I need it fast. Thus, time to drive to get coffee. It just so happens that the case that I just filed deals with a coffee shop that is nearby my house. I drive, I arrive, I look around and I order coffee. I see nothing that helps my case.

But...as I wait for the coffee, I see a sign with a company name. A company that is not named in the lawsuit we just filed. Time to amend the complaint, drink my coffee and let the boss know we dodged a potential bullet.

It may suck to work on a holiday (especially before seven in the morning) but it sucks a hell of a lot more to blow the statute of limitations and find out when the Motion to Dismiss arrives at your office four months from now.

Happy Labor Day. I'm going back to bed with no more oh shit feeling.