The Stars At Night; Are Big And Bright …
Do you remember the tale of Jeff Murphrey? He was the Houston-based attorney who tried to reschedule a deposition after Hurricane Ike caused significant property damage to his home.
When Dallas-based attorney Dale Markland objected (and requested Murphrey to pay rescheduling fees) Murphrey fired off this letter, which then went viral.
Well apparently Dale Markland (a.k.a J.R Ewing) has responded to Murphrey’s insult by devoting a whole section of his firm’s website to the spat. Here is Markland’s attempt to set the record straight:
* The hurricane in the Houston area occurred on September 12/13;* Mr. Murphrey cancelled the deposition on September 23 when I was already on my way to Fort Wayne, Indiana for the deposition;
* I first got notice of this cancellation by cell phone message while in Chicago O’Hare Airport rushing to catch my connecting flight to Fort Wayne;
* The voice mail message I received in Chicago stated that Mr. Murphrey cancelled the deposition because he had meetings with contractors and city officials related to hurricane damage. It stated nothing about the horrors Mr. Murphrey addresses in his September 26 letter.
* Our firm’s attorneys attempted to gain Mr. Murphrey’s agreement that our client be recompensed for the unnecessary attorney’s fees and travel expenses entailed in my needlessly going to Fort Wayne. This is appropriate and professional behavior for attorneys who are representing their clients properly under the Texas State Bar Disciplinary Rules and The Texas Lawyers Creed. It is also, in my experience, not abnormal behavior for an attorney properly representing his client. If I had been in Mr. Murphrey’s shoes, I would have paid for the fees and expenses out of my firm’s pocket.
* Mr. Murphrey agreed to pay the travel expenses but declined to pay the attorney’s fees for the useless trip to Fort Wayne.
* It was not my fault or the fault of the client who pays my fees and expenses that Mr. Murphrey did not cancel the deposition until I was on my way to Fort Wayne.* If Mr. Murphrey had simply picked up the telephone and called me, or had sent me an email or letter sometime between the hurricane on September 12/13 and when I left for Fort Wayne on September 23, I would have gladly agreed to re-set the deposition he had noticed. Then my client would not have been stuck with the fees and expenses of my useless trip to Fort Wayne.
* The first I knew of Mr. Murphrey’s story of horrors regarding his home damage was when I received his September 26 letter—after he cancelled the deposition, after I had made the useless trip to Fort Wayne, after I had appropriately determined whether Mr. Murphrey or his client would pay for the needless fees and expenses and after he had declined to pay my client for the fees.
* I am very sympathetic to Mr. Murphrey and his home situation, but it is not my client’s fault that Mr. Murphrey failed to cancel the deposition before I left, and the client should not bear this significant financial burden. My duty under Texas law is to uphold the interest of my client and that is what I have attempted to do.
More Markland excerpts after the jump.
You’ll note that Markland feels that Murphrey has not only question his honor, but that of Markland’s firm and the entire city of Dallas:
I am glad I am from Dallas, I am proud of the fine group of lawyers who practice in this great city, and I am proud of my actions related to Mr. Murphrey’s late cancellation of the deposition. Dallas, like Houston, has thousands of very professional and capable attorneys, like myself, who represent their clients in a very professional, competent and ethical way. Mr. Murphrey’s implied slam on Dallas attorneys and his slam on me are totally off base and unjustified.
I didn’t read Murphrey’s letter as slamming all Dallas attorneys, but I’m a Yankee.
Markland’s website doesn’t just slam Murphrey, he reserves some fire for scurrilous internet bloggers:
* I guess some might say it was just a funny letter. One might say: “I was just having fun when I disseminated it on the internet.” Your cute joke has had very large ramifications relative to me and every person in our small law firm. To those of you who reached judgments about me and particularly to those who spread their poison to others, I have spent almost 35 years in the practice of law obtaining and retaining a high reputation. To a great extent the fortunes of our law firm and everyone who works for the firm are dependent upon that reputation for their livelihoods. To attempt to destroy that reputation and harm the small law firm involved and all who are in it, is despicable, odious and evil.* The horrid nature of such a way of thinking and acting—making hateful judgments about people you do not even know, without any substantial basis, and without ever hearing their side of the events, and then passing on those hateful and libelous judgments to thousands of others to harm such people—cannot be tolerated in a free and just society. In this situation, lawyers on internet sites engaged in trial of the accused by mob rule without providing the accused counsel, without requiring evidence, without allowing cross-examination, and without allowing the accused to even testify! Lawyers did this! I say to you anonymous defamers and to you who express your hate to me that I have done nothing wrong. I hold my head high for the protection I have attempted to provide my client. I am very proud that I do not, like you, take poison pen in hand and harm the reputation of those I do not even know.
* All of those who participated in the widespread dissemination of the September 26 letter, and particularly those internet users who felt they had to smear my name and the name of my law firm through their libelous comments to others, and all of those who sent hateful emails to me should be ashamed of themselves. Those who are attorneys should seek other callings. Their attitudes will not foster the cause of justice.
We’re sorry Mr. Markland, but Murphrey’s original letter was funny. Beyond that, it seems like you and Murphrey need to sit down and work things out. Maybe you can even use a “telephone” and talk thing through. But if you insist on using forms of communication that can reach a wider and unintended audience, we’ll continue to do our part.
Good luck guys.
Hurricane “I’m Sorry” Letter Inquiries [Markland & Hanley]
Earlier: Houston: We Have A Problem.
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Comments
When will firms start announcing bonuses? Didn't it happen about this time last year?
this post is too long to read for a nervous T-10 1L but i just wanted to say that i have my first meeting with career services in 20 days!!!
*prepares a list of questions to ask at the meeting*
-nervous T-10 1L
boring
bit long
2: you deserve a boot to the head. It's OK to use a meme, but the key is not to over-use it, especially when it's annoying.
maybe if nervous T-10 1L spent some more time paying attention in torts and less time surfing the net in class he/she will have a job in a couple of years.
obviously the Murphrey guy is the d-bag here.
i don't care if your house was burned down and took your family with it. you or someone at your firm should be smart enough to handle business.
i still think the slam on dallas in the letter is one of the funniest things i've read in awhile. texas...stupid, dumbass texas.
7, you have no soul. Business is not nearly that important.
"I didn't read Murphrey's letter as slamming all Dallas attorneys, but I'm a Yankee."
-- sure he did. Wasn't the last line of the original letter "I am sorry you are from Dallas"? Since the deposition was in Indiana, of what relevance would it be that he was from Dallas instead of Houston, other than to call out the entire city and its legal population?
6: already took torts and i aced it. i just want a 1L sa position now. what good is an A if i don't get 3k/week over the summer?
-nervous T-10 1L
i actually was in a case where markland was involved. he's a damn good lawyer and was on the whole, relatively reasonable (at least compared to other counsel). more importantly, he's right - it was the other side's depo and he controlled whether it went forward. you don't cancel it in the manner that murphrey did and such abrupt notice.
still love the dallas slam.
They are BOTH d-bags. I agree with Elie that the letter WAS funny. Murphrey cancelled a little late, but Markland also could have picked up a phone before heading to ForTTT Wayne, Indiana. Classic split the baby. Murphrey should pay half the attorneys fees.
Finally, I am sick of the 1L d-bags that read ATL and post nonsense about being worried rather than trying to pay attention and learn something in their crappy classes. I also am amazed how all these stupid 1L's say they are going to Top 10 schools. Sure, I believe you. Really. If these idioTTTs were really first tier and paid attention in class, they might have less reason to be worried.
Yah Elie, I bet they can "talk thing through." Keep up the good work.
There is what you would call a very different legal culture between Dallas and Houston Attorneys.
This "rivalry" between the cities is not limited to the legal profession, but expands to includes all facets of the Texan experience.
Thus accusing someone of being from Dallas is accusing them of every sterotype that comes with Dallas. (Read: Dbags, Yuppie, Product in the hair, rather paper fight than litigate...Yellow)
There is what you would call a very different legal culture between Dallas and Houston Attorneys.
This "rivalry" between the cities is not limited to the legal profession, but expands to includes all facets of the Texan experience.
Thus accusing someone of being from Dallas is accusing them of every sterotype that comes with Dallas. (Read: Dbags, Yuppie, Product in the hair, rather paper fight than litigate...Yellow)
As someone born and raised in Fort Wayne, I can say that no trip there is wasted.
As someone born and raised in Fort Wayne, I can say that no trip there is useless.
I still think there's more going on here than meets the eye. Yes, you don't cancel the deposition on the day-of or day before without paying some of the costs. But you also don't send a bat-shiat crazy letter to the Dallas attorney unless you've been provoked in some extraordinary way. My guess was that some Dallas associate screwed the pooch by being unnecessarily stoopid, and Markland's covering the associate's butt.
In the real world, the two talk on the telephone, Murphrey pays the airfare & agrees to include the attorneys' fees as a taxable expense as a compromise.
But both sides are acting snake-eating crazy... must be some bad blood in the litigation...
Hmm...I'm meeting with attorneys from Houston in Indiana. Houston just got wiped out by a hurricane. Should I call to make sure the thing is still on? Nah...!
Hmm...My house just got wiped out by a hurricane. I'm supposed to have a depo in ten days. Should I call and reschedule? Nah...!
I'm sorry you're both from Texas.
Best part of the original letter: signing it "Very Truly Yours." Boilerplate, to be sure, but still classy.
We do I care about this?
Why do I care about this?
14 -- Yeah, I also like how "Murphrey has not only question his honor..." Elie, the typos are getting more frequent and more ridiculous.
TTTurkey.
Gobble gobble gobble.
I'd be pissed if I were Markland too. If I'm going to set foot in Indiana, there'd better be a damn good reason. Plus, how's he supposed to know the day the city inspectors are going to opposing counsel's house?
Markland had my support with his explanation. He started to lose me when he played the martyr, going on about the hateful visciousness of the internet and all. He should have just said, "Look, story is unfair. He didn't call me until I was already in Chicago on my way to the depo." Then follow up with, "Hy heart goes out to all of those hurt by the storm, blah, blah blah." That says all that any reasonable attorney needs to hear to understand why the guy asked for reimbursement. Playing the victim just made markland look insensitive and self absorbed.
nervous T-10 1L:
you are by far the most annoying commenter on this site. please go away. your posts aren't funny, there's no way you already "aced" torts (unless you mean some bullshit mid-term that means nothing), and you're not going to get a job despite whatever grades you have because you're lacking in what are called social skills.
don't mess with TTTexas
20 is absolutely right. Both of these TTTexas aTTTorneys are equally at fault and only continue to humiliate themselves by pointing fingers.
28 -- STFU
if i were markland, i'd retain WILDMAN HARROLD's hurricane deposition team to ensure my rights are protected.
nervous T-10 1L / 31:
please continue to use your 'handle' when replying to my posts. thanks. and remember the crucial, underlying point of my last comment: go away.
maybe you should be outlining?
28
No way is there equal fault here. To say the Dallas attorney had an affirmative duty to make sure that the depo was still on is crazy. The vast majority of Houstonians were told to stay put (i.e. not to evacuate) because the storm's path wasn't going to affect them as much as, say, Galveston. Aside from fallen branches and a few power outages, Houston was perfectly fine. The Houston attorney had 10 days to let him know that his home was affected ... he didn't ... and then he smeared the victim. I call a foul.
Agree 100%, 34. The Houston lawyer acted irresponsibly and behaved like an asshat. Dallas lawyer got smeared for no good reason.
nervous T-10 1L,
You're not getting a 1L firm job making 3K per week. See Economy.
Enjoy your public interest job.
Very truly yours,
Unsympathetic 3L
ELIE, nice of you to show up to work today.
Recently, ATL seems to be on a mission to embarrass the shit out of lawyers without doing any real investigation.
What 28 and 31 said. Go away. You're not funny.
What happened to Justin Timberlake? Did he work at Heller and can no longer afford the internets? Does he work at STB and is too busy to surf the internets?
kids in my high school used to cancel useless trips to Fort Wayne all the time...it was no big deal
Elie hate:
Why the f*** does your title have a semicolon in it?
As Markland suggests, I will "take my poison pen in hand" just long enough to remark the following.
Suck it MysTTTal.
Anyone who thinks T-10 1L is annoying obviously wasn't here during the L2L heyday. Welcome to the blog (late).
42, I've been here since pretty close to the beginning. T-10 1L is much more annoying than L2L, and that he goes to my alma mater makes it worse.
-38
38: I still want to know why there hasn't been any WGWAG around here for ages.
There is fault on both sides. Dallas attorney (or his paralegal) should have called to confirm the deposition is going forward. That's par for the course, especially when the opposing counsel is in a city that's without power all over. The Houston attorney should have been sure that his staff was handling his business--even if they were all likely without power and may have had trees sitting in their living rooms.
42:
Thanks for the welcome, but I've been reading Lat since A3G. Since you're in contracts class at this very moment, I doubt you have any idea what I'm referring to.
Anywayz ... L2L's bitter posts were actually pretty funny. Nervous T-10 1L's posts are pathetically lacking in humor or content. It's the same drivel every time.
Thanks for your comment, though, which ended on a hilarious parenthetical joke that I'm still laughing about and will forward to all my friends.
Good luck during finals!
Nervous T-10 1L is a dickwad. I know him...or know of him at school. No one really wants to know him. He sweats diet coke and when he opens his mouth it smells like an open sewer.
My advice to him attempt to do all interviews over the phone. He should probably telecommute to work (assuming he gets hired) as well
Why all the hate for Texas? We have better cost of living, and live in a great place. Sure beats living in NY city with all your high rents and crime. I'll pick living here anytime.
48: you are wasting your time. We've been over and over this on ATL. As much as we try to convince everyone that life here in Texas is great, it never works. You'll only invite the anger of the commenters.
34,
"Aside from fallen branches and a few power outages, Houston was perfectly fine."
What news coverage where you watching? There were hundreds of thousands of homes without power, in some cases up to two weeks. Windows downtown burst, sending glass, debris, office furniture and paper into the streets (and sending numerous lawyers to other cities). Entire neighborhoods were under up to 6 feet of water. It wasn't Katrina, but it wasn't a little Nor'easter.
Markland's statement of facts is somewhat misleading as it fails to note that Murphrey's backyard/sewer problem was discovered Sept. 22nd. Murphrey cancelled the deposition the next day.
Elie, how much did you pay this Murphrey guy to change his name from Murphy and cover up your nonstop typos?
The T-10 1L has been discovered.
The T-10 1L has been discovered.
"Maybe you can even use a "telephone" and talk thing through."
Elie you are an editor. Please edit.
20 is right, at least half-right. What lawyer would get on a flight before calling to confirm the depo, especially when the depo is with a lawyer who lives/works in a city without electricity? Both might eat some blame.
Dallas attorney should have called to confirm before getting on a plane
Houston attorney should have cancelled the depo earlier
Houston attorney should not have sent out such a douche-bag letter when Dallas attorney was just looking to protect his client.
20 is right. While my human sympathy is with the Houston attorney, he failed to mitigate his damages by exhausting all possible avenues to notify Dallas attorney to reschedule the deposition. Mr. Markland goes a bit too far on the "martyr" angle at his web site.
When all is said and done, attorneys at their worst are not normal, rational human beings.
To all those people citing the lower cost of living in Texas as an advantage over NYC:
Clearly people are willing to pay a premium to be in NYC over boring-as-fuck Houston. I mean really, how can you compare the two? No place in Texas can even hold a candle to NYC.*
*Assuming you're a single 20 something making all that bank.