Page 360 - WhyAsInY

Why (as in yaverbaum)
“A representative of Judge Rosenman’s firm is late to court!” I can still hear the judge saying sternly and incredulously.
And my heart began to sink. Not only had I screwed up, but also there was now the distinct possibility of a not-too-positive phone call being made from one judge to another. I was convinced that I had brought dishonor upon the partnership and that I might have to fall on my sword.
Well, we all have those moments when we’ve got a response that is formulating in our minds, one that we know that, for reasons of custom, propriety, or just plain good sense, we should never even considering uttering . . . and then we say it anyway. While my mind was busy repress- ing my first thoughts and searching for a different approach, I heard my mouth saying, “Your Honor, Judge Rosenman does not run the trains.” And I could feel myself about to gasp.
But to my surprise and great relief, I saw a hint of a smile creasing the judge’s face. I continued my explanation, which I allowed was not an excuse, only to be interrupted by a voice that now seemed to be that of a judge who was having a bit of a good time and was perhaps being pro- tective of the new lawyer standing before him. “Counselor, how do you know that you wish to reply? You haven’t seen your adversary’s papers. Why don’t you go into the Clerk’s office,” he said, motioning me in the right direction, “get the file, and decide whether a reply is necessary?”
Now, I knew, and he knew, and he knew that I knew he knew, that there was no way that a firm like the Rosenman firm would not reply to the new papers, but that was a thought that I was absolutely not going to articulate. I dutifully went into the Clerk’s office, got the file, glanced at the papers that had been filed in a case with which I had absolutely no familiarity, waited five more minutes so that face could be saved, and returned to the courtroom. “Your Honor,” I said when he recog- nized Mr. Yaverbaum (Mr. Yaverbaum!), “it appears that there are new issues of fact and law.” I then held my breath, hoping that there would be no quiz.
“Get your papers in by four o’clock on Friday. And one more thing, Mr. Yaverbaum. Give my regards to Judge Rosenman.”
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