If the suit fits…

http://www.dreamstime.com/stock-images-handsome-black-boy-child-baggy-business-suit-image23110144Although I think the most quoted line from Shakespeare is probably “To be or not to be”, I surmise that the most popular is “The first thing we do, let’s kill all the lawyers” (Henry the Sixth). Where one might be cautious about telling religious, ethnic or dirty jokes at a social gathering, garnering laughs at the expense of lawyers seem to be universally accepted. What causes society’s general disdain for our profession (ranked above only “used car salesman” in many polls of the least trustworthy occupations)? One need only look to a recent law suit filed in New York.

According to the Daily News, a Manhattan attorney named Robert Ginsberg filed suit against Brooks Brothers for $7,646 over having apparently been given the wrong suit. It seems Mr. Ginsberg bought a suit (for $646) for which some alterations were to be done before he was to take it home. He did so in January, but apparently did not open the garment bag until March, and found that it was NOT the suit he purchased, but was a simple blazer and slacks, and several sizes too big. He claims he tried to return the suit to the store but they would not accept it or refund his money. Now in defense of Mr. Ginsberg, anyone who is given the wrong item in such a situation would likely be upset, and if the store refused to accommodate you, filing a small claim action might even be a viable option. In this case, that would be a claim for the $646 out of pocket. But Mr. Ginsberg also sought $2000 for the 90 minutes he “wasted” arguing with the Brooks Brothers staff. That’s a hell of an hourly rate, and one that we aren’t likely to see in the Midwest until another 100 years of inflation has come and gone. Moreover, he sought $5000 in “punitive” damages. As most people know, punitive damages are to punish a defendant for egregious conduct. Really? Does he think Brooks Brothers personnel meticulously planned this devious bait and switch? They gave him the wrong suit by accident…something that we would have realized the same day if he’d taken a look in the bag when he got home (assuming his time was too valuable to glance at the alterations in the store before leaving).

Lest you think that perhaps Mr. Ginsberg just got overzealous this one time, he also was in the news in the past when he sued American Airlines for having allegedly been “pushed” by a flight attendant into a food cart that he couldn’t squeeze past in the aisle of an airplane. In that case he purportedly sought $2 million. I guess that event must have wasted a lot more than 90 minutes of his time.

For a lot of attorneys,  business is slow these days. But trying to generate business as a result of one’s own ignorance isn’t likely to be a successful practice niche. And another oft-quoted adage is “a man who is his own lawyer has a fool for a client”.

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