It has always amazed me that the court system allows any two-bit lawyer to subpoena anybody, anytime, for any reason— or no reason at all— and if you fail to respond "you may be held in contempt of court," according to the warning on the subpoena.
Attorney William Friedlander, representing Waste Management, recently subpoenaed this newspaper, "commanding" us to show up at a deposition last Monday and to produce copies of any ads we may have carried over the past 18 months for any of the dozen or so small trash haulers being sued by Waste Management. That suit was thrown out of court last month because, Judge Richard Payne said, the charges against the defendants were not specific enough. But Friedlander vowed to file an amended complaint (presumably charging his client for the additional time required), and the judge allowed depositions to continue.
Our scheduled deposition was canceled last week— but nobody bothered to tell us. So we prepared for it, rescheduled some meetings and, on Monday morning, drove over to the designated location— only to be told that the deposition had been canceled.
Well, we were already hacked off that Friedlander would presume to involve us in this case in the first place and that he would so casually eat up our time for free— while he's getting paid big bucks per hour for his time. (Ultimately, of course, we are all paying for his time through our fees to Waste Management.) So imagine how outraged we were when we learned that Friedlander had canceled our deposition and had "forgotten" to tell us!
Friedlander has since apologized— and blamed it on his secretary. And he had his secretary call to apologize. And Greg Sullivan, Waste Management's district manager, has also apologized.
There may be a reason, however, why Friedlander sometimes forgets things. His file at the Florida Bar offices in Tallahassee includes the following affidavit dated Jan. 16, 1997. It is, in essence, a doctor's excuse as to why Friedlander could not attend a hearing.
"My name is David P. Myers, M.D. I am the Medical Director of HealthCare Connection of 107 W. 131st Avenue, Tampa, Florida 33612. HealthCare Connection is a treatment facility specializing in the treatment of chemical dependency for recovering professionals.
"Mr. Friedlander has been under my care at HealthCare Connection since Dec. 19, 1996. He is currently enrolled in our Day Treatment Program and resides on the premises in our structured living program. It is currently anticipated that Mr. Friedlander will require from six months to one year of intensive treatment in a structured living setting.
"I have been advised that Mr. Friedlander is being required to testify in a legal matter in Tallahassee. Due to the severity of Mr. Friedlander's illness, and the significant short-term memory loss resulting therefrom, it is my medical opinion that at this time it would be counterproductive and detrimental to Mr. Friedlander's recovery to leave the premises or to concentrate on anything other than his recovery."
Do you think, maybe, Friedlander would let us off if we went out and got a doctor's excuse next time he subpoenas us?