Tip of the day: pray/hope/wish that your witness who is calculating a figure to be used in an upcoming mediation session does not, in trying to reach you while you are meeting with your adversary’s counsel, leave a message with said counsel’s receptionist containing the calculated figure.

All I can say, is thank good this wasn’t my case or my witness (I would have started melting in sheer anger, frustration, and embarrasment- think Wicked Witch in Oz) and thank good that the receptionist had no clue as to what the number signified.

Ouch.  At least my colleague got lucky and no one picked up on the significance of the message.

By the way, the same clueless witness when consulted the next day as to availability for a re-scheduled hearing picked one of two days as his preferred day.  After the court issued an order and my colleague sent out an email to all the witnesses, he got a message back from the clueless witness saying, “Oh, I forgot to check, I’m scheduled for vacation that week.”

Double d’oh!

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