02-19-2023, 11:47 AM
(02-18-2023, 01:46 PM)MirahM Wrote: Sounds exciting. Is this for you or a client?
It is for an attorney, as I was retained as an "Expert Witness", and opposing counsel is challenging my qualifications.
It is a (desperate) diversion tactic by Motion, but one that needs to be addressed with a response.
As part of my opinion was based on a Memorandum decision, opposing counsel is claiming it is not precedent and therefore, should be excluded from consideration along with any other testimony I provided.
However, I only included the argument of this decision, based on precedent cases used by the appellate court to render this decision. I never cited the case as precedent . . . just the synthesized argument.
Thus, my need to review all the cases, used for the basis of the appellate decision, and present the argument, with the same conclusion, based on a shit-ton of precedent.
It's busy work but I want all my ducks in a row to survive any challenge. Again, it is a desperate attempt by opposing counsel to bolster a very weak case.
So far, my response is 12 pages . . .
All I really want to say is: "You got money from the estate, the estate owed taxes, you are the beneficiaries and it is your responsibility . . . so pay them you fucking cheap vultures!".
Alas . . . this is one of the times I must bite my tongue and attempt to remain civilized.