widowâs peak on his forehead.
I took a seat in the front row of the gallery on the right side of the center aisle. There were maybe twenty lawyers in the courtroom for the afternoon motion docketâa few at the two counsel tables, three seated in the jury box, and the rest of us spread around the benches in the gallery. Some were reading newspapers, others were checking messages on their smartphones, a few were studying court papers, and one elderly male attorney at the end of my row was slumped back on the bench, arms crossed over his chest, sound asleep.
âAll rise,â the bailiff commanded.
We rose as the door behind the bench opened and Judge Henry Winfield entered. He took his seat in the high leatherback chair behind the bench and nodded toward us.
âPlease be seated.â He turned to his docket clerk. âOkay, Shirley. Call the first case.â
Shirley Garner, his plump, fiftysomething docket clerk, called out, âBrowning versus Evans. Defendantâs motion to dismiss.â
As the lawyers for the parties approached the podium, I opened my briefcase and took out the materials for todayâs motion.
Twenty minutes later, Shirley announced, âGarcia versus Mason, et al. Plaintiffâs motion to compel deposition and for sanctions.â
Barry Kudar jumped to his feet and moved quickly to the podium. By the time I joined him, Judge Henry Winfield was leafing through my motion papers. Tall, ruddy, and bald, the judge had played left tackle for the University of Missouri football team in their 1965 Sugar Bowl victory over Florida. The start of many a trial had been delayed as Judge Winfield regaled the trial attorneys with tales of gridiron battles of yore. His chambers were festooned with Tigers memorabilia from his glory days.
Though usually good-natured, Judge Winfield looked up from the papers with a frown. âSo you two are still squabbling, eh? Thought we resolved this problem three weeks ago.â
âAs the Court knows,â Barry said, trying to seize control of the argument, âmy client is a cardiothoracic surgeon. An esteemed surgeon, I might add. While Miss Gold may think her clientâs baseless claim for money is the most pressing matter in the world, this Court certainly understands real-world priorities. I would urge Miss Gold to read the final clause in the Courtâs order. Yes, the Court did order my client to appear at his deposition last week. However, that requirement was, and I quote the Courtâs order, âsubject to the medical needs of Dr. Masonâs patients, which shall take precedence over said deposition.ââ
He gave me his best version of a disdainful look, which was somewhat diluted by the fact that I stood two inches taller than him.
He turned back to the judge. âYour Honor, I regret that Miss Gold has wasted all of our time today with yet another discovery motion. May I respectfully suggest that if anyone is deserving of sanctions by the court, it is this lady. Miss Gold needs to be reminded in no uncertain terms that the Courtâs time and opposing counselâs time are assets not to be squandered.â
Iâd kept my expression neutral throughout his argument.
I continued to stare at the judge, who turned to me. âWell, Miss Gold? Opposing counsel seems to have a point.â
I said, âI assume that opposing counsel has made his point in ignorance of the facts.â
âIn ignorance?â Barry gave me a snide look and shook his head. âHardly. I am fully aware of all of the facts.â
âIn that case, Your Honor, we would request that the court assess sanctions against Dr. Mason and his counsel.â
Barry turned to me, eyes wide with outrage. âOn what possible grounds?â
I continued to gaze at the judge.
âContinue, Ms. Gold,â the judge said, leaning forward slightly and rubbing his chin.
âWe proposed to depose Mr. Kudarâs client last