Friday, June 13, 2008

Itinerary Change

Last Minute Cancellation...


I HATE THE LEGAL PROFESSION.

That said, it doesn't mean that I hate everyone that's a lawyer so don't start e-mailing me complaining about that statement.

It's just that after having the experience of working in the field of Forensic Engineering over the past six years I've received a first hand education into how little the truth matters in lawsuits which involve highly technical issues.

It's not about actually finding the reason something failed and injured or killed someone or damaged property and productivity...

It's all about timing and "discovery" and out-waiting your opponents as the legal fees rise and the months on the calendar pass you by.

The sad thing is that memories fade and evidence degrades or disappears in the process, and opportunities are lost as a result.

Take my current investigation--a pressure vessel explosion at a food processing plant here in Eastern Tennessee.

A man was severely burned in the event.

I have been planning for five weeks to attend a test session of a special control valve arranged by the court.

The event was to occur at 10 AM this morning, and since the testing site was over an hour away on the other side of "Knoxtown" from our home I was taking Pat and Missy the Turbo Pup with me on a two night road trip to attend the test and explore the nearby town of Rogersville, TN (looking for relatives.)

Having completed working my latest 4-10 schedule at 5 PM yesterday, we had just finished loading the car with our luggage and Missy the Turbo Pup's Lockers & Sea Chests when I checked my cellphone messages and I found that one of the attorney's had called after five PM and announced that the testing had been postponed.

The reason?

The stupid valve manufacturer had decided that they objected to the testing protocol and had produced their own protocol to be used at a later date sometime in July.

A hurried telephone call to the Holiday Inn Express ensued at 5:40 PM and the mandatory purchase of an un-needed motel room was averted (if we had waited to 6 PM we would have owned the room for the night regardless of our needs.)

Taking a big breath...

What I want to know is, WHERE THE HECK WAS THIS OBJECTION A WEEK OR A MONTH AGO?

WHY WAIT UNTIL NEARLY QUITTING TIME THE DAY BEFORE THE TEST TO OBJECT AND CANCEL?

Could it be because unlike me--a virtual local expert--there are a number of expensive people out there that had already gotten on airplanes or into their automobiles and spent the time and energy necessary to attend the event?

Could it be that if you make things difficult enough you could influence the outcome of the discovery process through attrition?

After all, people do have other things to do than wait for a phone call from a lawyer.

Instead of appearing smart, I think that most of the time lawyers appear insensitive, juvenile, asinine, and some times just plain STUPID.

And, based on my experience, if you think that anything close to JUSTICE takes place in the courtroom when it comes to product liability lawsuits, I have some ocean front property here in Knoxtown I'll sell you...

CHEAP

1 comment:

HEATHER said...

Yeah, lawsuits are generally about attrition, and a big fat AMEN to lawyers being petty and juvinile!