Mark Stopa

Sometimes in life you face choices. When faced with a slight, you can either walk away or you can keep it real.

Take the case of this benchslap. The lawyer felt the judge was being unfair because an appearance was scheduled for the date of the office holiday party. He could have just sucked it up, but he decided to “keep it real.”

And like so many of the protagonists of the Dave Chappelle skit of the same name, it ends with an important lesson about what happens when keeping it real goes wrong….

(Please note the UPDATE added below.)

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There are two schools of thought on drafting a benchslap. One method involves laying out the most egregious behavior of the target right up front to set the tone for the scathing punishment to follow. The other, subtler method involves slow-playing the transgressions in a glorious crescendo of suspect conduct.

Senior Judge Victor Musleh of the 5th Judicial Circuit in Lake County, Florida ascribes to the latter school. When his February 28th order in Wells Fargo v. Granger hit the ATL tips inbox, I thought it was a mild story. But this page-turner of an order raised the stakes with each paragraph….

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