When dealing with another round of boorish behavior by opposing counsel, who hasn’t quietly wondered: “If only we could settle this the old-fashioned way.” Even though modern trials evolved from the trial by combat of the Middle Ages, today our chosen champions wear suits instead of armor, wield laptops instead of swords, and face off in courtrooms rather than courtyards. Recently, however, a “Game of Thrones”-inspired lawyer from New York actually filed a motion in court seeking trial by combat.
Staten Island attorney Richard A. Luthmann had represented client David Parker in connection with claims by creditors claiming Parker owed them over $500,000. After Parker made a $52,500 payment to Luthmann (described by the lawyer as a “patently reasonable” fee for his legal services), the creditors sued Luthmann himself, alleging that he had directed his client to transfer money out of their reach. Deriding the plaintiffs’ brief as “a glorified comic book piled on top of pure and adulterated extortion wrapped in a transparent abuse of legal process,” Luthmann finally flung down the gauntlet in a reply brief filed in late July.
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