Sunday, March 22, 2009

Motion to Fight Opposing Counsel

I just came across a great legal humor blog called Lowering the Bar that is written by Kevin Underhill, a partner in the San Francisco office of Shook, Hardy & Bacon. I spent at least an hour this weekend reading through the previous posts on the website. There is some really good stuff on there, but my favorite part of the blog is the Legal Document Archive. There are links to humorous judicial opinions, court orders, and pleadings.

My favorite pleading is the "Motion for Fist Fight" filed by Attorney Kirk Krutilla from Superior, Montana. This is an actual motion that was filed by Mr. Krutilla in a criminal case. Here is a link to the motion and the State's response.

It is not entirely clear what was happening in that case, but from what I understand, Mr. Krutilla represented a man who was charged with causing the death of another man during a fight. Mr. Krutilla's client was asserting self-defense. Apparently, the decedent was the aggressor in the fight, and Mr. Krutilla was upset that the State seemed to be sanctioning the actions of the decedent by prosecuting his client for defending himself. So, Mr. Krutilla filed a motion for a fist fight involving him and another lawyer from his office on one side, and two prosecutors on the other side.

The State's response is equally hilarious. They state that "the counsel for the State are confident they could acquit themselves respectably if it were necessary to settle any part of this matter by means of a physical contest," but, nonetheless, they respectfully request that the motion be denied.

1 comment:

Dexter J. Evans said...

This should be more prevalent in law. I would resolve cases much faster.