Justice Saliann Scarpulla (via Chambers Diversity)
As John H. Wigmore famously stated, “Cross-examination is the greatest legal engine ever invented for the discovery of truth.” But what happens when that engine… blows up in your face?
Just last week, litigation columnist John Balestriere discussed the importance of not giving up in cross-examination. But what do you do when the judge presiding over your case thinks you’ve gone too far?
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This actually happened to a Quinn Emanuel partner in a recent proceeding, as reported by Law360:
A New York judge reprimanded a Quinn Emanuel Urquhart & Sullivan LLP attorney for his circuitous questions at a hearing on Tuesday over whether Cozen O’Connor used confidential documents in Fair Isaac Corp.’s $45 million contract suit against a former eBay unit, offering to take over questioning herself.
New York Supreme Court Justice Saliann Scarpulla repeatedly scolded Quinn Emanuel’s David Grable for delving into what she called “irrelevant” details while he questioned Cozen lawyers and contractors about confidential eBay Enterprise Inc. documents that accidentally fell into the firm’s hands. The judge told Grable to stick to the main issue and threatened to take over questioning if he didn’t.
“This is really the last time I am going to tell you… If you can’t focus that way, sit down and I will ask the questions,” Judge Scarpulla said.
And that wasn’t the only expression of exasperation from Her Honor:
Over the course of the proceeding, Judge Scarpulla grew increasingly impatient and began to interject questions herself.
“I’m getting very frustrated with the amount of irrelevant questions. Either you pick this up or we’re done,” she told Grable.
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Ouch. Justice Scarpulla, a Brooklyn Law grad, just showed the L.A.-based Grable how they roll in Kings County.
Whenever we hear of a lawyer getting benchslapped, we instinctively side with the judge. But just because you wear a black robe doesn’t mean you’re always right. If you surf over to Robing Room, you’ll see mixed reviews of Justice Scarpulla. Some praise her as “a rising star” with “a wonderful temperament,” but others claim she’s “very rude and caustic” and “yells for no reason.”
The lawyers from Quinn Emanuel and Cozen O’Connor both declined to comment to Law360 yesterday.
Judge Offers To Do Quinn Emanuel Attorney’s Job In Cozen Row [Law360]
Earlier: Never Give Up On Cross-Examination
David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at [email protected].