The Briefcase

Stephanie Seuser
Legal Assistant
It was summertime, hot, still, and generally irritating. The lawsuit had been filed in federal court but had to be removed to state court because someone forgot that both parties were incorporated in the same state. The pleadings were full of accusations of receiving service without payment and selling service at a rate lower than the most favored nations clause of the contract allowed. Everybody was guilty of something.

When it came time for discovery, everyone knew it would be more than just a party. Confidentiality was of great importance to both sides-everything was a trade secret. Thousands of documents were requested and produced. The phrase bury them with paper was a reality. Each attorney was doing his best to blow smoke and make demands. Jesse James, attorney for the Defendant, considered himself the star graduate of Intimidation 401. His book EFFECTIVE INTIMIDATION TECHNIQUES was due to be published shortly. Bat Masterson, attorney for the Plaintiff, was cool and suave and hid his amusement at Jesse s style. Bat represented Roy Bean, a simple corporate hero. With all the fervor of the case, it was inevitable that something would happen, but no one would have ever guessed what it would be.

Jesse was in the airport in Las Vegas. When it was time to board the plane, he did so, but without his briefcase, overflowing with documents from the lawsuit. Two days later, Roy Bean received a phone call from Tom Dooley, who announced, I think I have something you want.

Tom claimed to have the briefcase in his possession and wanted to sell Plaintiff's documents back to them. Roy called his attorney, Bat Masterson, to tell him about Tom s amazing phone call. He then called the police to relay the same information. Roy asked Tom to fax him sample pages of the goods to see if they were genuine. A fax arrived in Roy's office from the Mirage Hotel and they were in fact what Tom said they were-documents from Jesse's briefcase, including the defendant's damage calculations. The humor in the excerpts he sent was that the documents were a matter of public record, and available to anyone who requested them.

Jesse had already called the Texas Rangers to report the loss of his briefcase. He refused to cooperate with Roy or his attorney in trying to get the documents returned but continued working with the Texas Rangers. Roy contacted the Las Vegas police and set up a sting operation through an undercover cop. He continued communicating with Tom Dooley and ultimately set up a meeting to exchange the goods; it was to be a cash deal. Of course, it was the undercover cop who went to the meet and the extortionist was arrested. Apparently, Tom Dooley did briefcase sales for a living.

Roy didn't get any thanks from Jesse, but he got a letter of commendation from the Las Vegas police department. Of course, Roy and Bat delighted in reminding Jesse about the incident every chance the got, saying "Nice briefcase Jesse - is it new?"

Stephanie Seuser is a legal assistant for the Texas Natural Resource Conservation Commission. This adventure occurred during her previous position as legal assistant to the corporate counsel of a corporation. She is a member of the Publications Committee for the LAD and the Capital Area Paralegal Association, and coordinator for pro bono work at the Volunteer Legal Services evening clinics in Austin.

TEXAS PARALEGAL JOURNAL
Spring 1997
©1997 Legal Assistants Division, State Bar of Texas

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