08/06/08 Reading the relevant cases is important. That's what Roger Phipps has discovered, and Loyola Law School can't be too pleased, either. The US Court of Appeals for the Fifth Circuit is one of the few places where you want to be really prepared for oral argument. Supreme courts (whether the US Supreme Courts or state supreme courts) are another such place. In other words, arguing in front of a US Court of Appeals is a big deal. So Roger Phipps is presenting oral arguments to the Court, when the Court brings up a relevant case. In fact, it's not just a relevant case, it's a relevant US Supreme Court case. And Phipps admits that he not only didn't read the case, but adds that he doesn't care about it. The case in question is referred to as Morgan, found at National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 118 (2002). The exchange is priceless: Related Article Is contacting your old boss a good idea when looking for a job? Question:I am in the job market and have considered calling my former boss to ask if he knows of anyone who is looking. I left my former firm on great terms but am hesitant to call him because it has been some time since he and I last spoke. Am I being too cautious? .... Is voluntary disclosure during an interview a good idea? Question: I am a third-year litigation associate in a mid-size law firm and was recently told that I should start looking for a new position. The reason I was given by the partners is that although I am a valued attorney and have done good work, there is not enough work to sustain me at this point. The partn .... Is taking six months off a good idea before resuming a job search? Question: I am now in Manhattan but have always known I would ultimately relocate to the South. Now that the temperatures have dropped and the end of the year is approaching, I am ready to get out—now! As a fifth-year corporate attorney with a top firm, I know I will be in high demand, so I thought I .... Judge: What do you do about Morgan? Phipps: I don't, I don't, I don't know Morgan, Your Honor. Judge: You don't know Morgan? Phipps: Nope. Judge: You haven't read it? Phipps: I try not to read that many cases, your Honor. Ricks is the only one I read. Oh, Ledbetter, I read Ledbetter, and I read that one that they brought up last night. I don't know if that's not Ledbetter, I can't remember the name of it. Ricks is the one that I go by; it's my North Star. Either it applies or it doesn't apply. I don't think it applies. Judge: I must say, Morgan is a case that is directly relevant to this case. And for you representing the Plaintiff to get up here — it's a Supreme Court case — and say you haven't read it. Where did they teach you that? Phipps: They didn't teach me much, Your Honor. Judge: At Tulane, is it? Phipps: Loyola. Judge: Okay. Well, I must say, that may be an all-time first. Phipps: That's why I wore a suit today, Your Honor. Judge: Alright. We've got your attitude, anyway. I'm sure Loyola isn't too happy here, since the 5th Circuit went out of their way to point this out. Needless to say, Phipps's client lost on appeal. One wonders if perhaps Morgan might have mattered to his case, after all. Counsel, try to read the cases that are important — it really is basic lawyering!

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