Judge, Please make opposing counsel wear nicer shoes...
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That’s the gist of a Motion to Compel Defense Counsel to Wear Appropriate Shoes at Trial, filed last month in a personal injury case in Florida. It seems defense counsel Michael Robb has a habit of wearing a pair of loafers with holes in the soles, in aid of a tactic of presenting himself as a simple -- as opposed to slick-- attorney.
The motion states:
6. . . .Mr. Robb is known to stand at sidebar with one foot crossed casually beside the other so the holes in his shoes are readily apparent to the jury who are intently watching all counsel and the Court at that moment.
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 is 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.
Not surprisingly, the motion was denied. But I have to say, this practice beats the “I’m just someone who grew up in North Las Vegas” type of self-deprecation I’ve heard locally. I might even call it slick.
Not surprisingly, the motion was denied.
But I have to say, this practice beats the “I’m just someone who grew up in North Las Vegas” type of self-deprecation I’ve heard locally. I might even call it slick.
Attorney Robb, who has in the past refused offers of fancy shoes from other lawyers, denies it is a tactic, but simply likes the shoes because they are comfortable and he’s had good luck with them. See the Palm Beach Post story by Frank Cerabino here.
Above the Law posted the motion in full here.
[added July 13, 2009] But as if the motion weren''t bad enough - here's an update, learned since the original posting last Friday. The movent in this won a #2.2 million verdict. Or so the advisory jury verdict went.
But a mistrial was granted, because it seems the jury learned about the shoe motion because of the article in the paper. Read that story here.
Hat Tip to Lowing the Bar.
And with this post, I introduce a new weekly feature - WTF Friday. Enjoy.
