Richard Sterling let out a loud, incredulous laugh. Excuse me, who do you think you are? The young man turned to Richard. For a second, the thug persona vanished. His posture straightened, his chin lifted. I am Julian Banks, he said. I am the grandson of Lucille Banks, and I am the counsel of record for the defense. Silence. Absolute heavy silence filled the room. Then Richard Sterling started laughing again. It was a cruel, patronizing sound that echoed off the mahogany walls. Counsel of record? Richard mocked, turning to the gallery where a few junior associates were watching. Your honor, this is absurd. This is clearly a delay tactic. The grandson? Does he even have a law degree, or did he watch a few episodes of Law and Order?
Judge Halloway looked over his spectacles, his face red with irritation. He felt disrespected. In his court, lawyers wore Brooks Brothers, not Fruit of the Loom. Mr. Banks, the judge said, his voice dripping with condescension. This is a court of law, not a community center meeting. You cannot simply walk in here and declare yourself counsel. Unless you are a licensed attorney admitted to the state bar, you are engaging in the unauthorized practice of law, which is a crime. Now step back from the table. Julian didn't move. He opened his leather satchel and pulled out a single crisp piece of paper. State bar number 99 AU 401, Julian recited from memory, not looking at the paper. Admitted to practice in the superior courts, the court of appeals, and the state supreme court as of six months ago. He slid the paper across the polished wood toward the clerk.
The clerk, a middle-aged woman named Brenda, picked it up hesitantly. She typed the number into her terminal. Her eyes widened slightly. She looked up at the judge and nodded. It's active, your honor. Julian Tobias Banks. Good standing. Richard Sterling stopped laughing. He frowned, looking Julian up and down. A lawyer? This kid? He looks like he should be serving Richard coffee, not serving him motions. Affirmative action case, Richard thought immediately. Probably went to some online law school. Fine, Judge Halloway grunted, clearly disappointed he couldn't have Julian arrested. So, you passed the bar. Congratulations. That doesn't excuse your disrespect for this institution. You are improperly dressed.
Local rule 4.2 states that counsel must be dressed in professional business attire, Julian said calmly. However, the urgency of the plaintiff's ex parte motion to expedite this hearing, which was filed at 4:50 p.m. yesterday, made it impossible for me to retrieve my court attire before the 8:00 a.m. start time, unless the court prefers to grant a continuance so I can change. Julian looked at the judge. It was a dare. Delay the case or let me stay. Halloway knew Sterling wanted this done today. Motion for continuance denied, the judge snapped. We are proceeding. But consider yourself warned, Mr. Banks. One step out of line, one breach of protocol, and I will have you removed. Understood, your honor. Julian sat down. He looked small behind the large oak table.
Richard Sterling buttoned his jacket and walked to the podium. He decided to crush the kid immediately. No mercy. Your honor, Richard began, his voice booming. This case is simple. The defendant, Lucille Banks, does not own the land in question. We have submitted a title search dating back 40 years showing a break in the chain of ownership. The land belongs to the city which sold it to my client. Ms. Banks is a squatter, a trespasser. We are asking for an immediate order of ejectment. Richard turned to look at Julian, expecting the young man to be frantically shuffling papers. Julian was sitting perfectly still. He wasn't taking notes. He was staring at Richard.
And Richard added, improvising to humiliate the opponent. Since opposing counsel is new to the profession, perhaps he isn't aware that without a counter-affidavit filed prior to this hearing, he has no standing to argue facts. He forfeited the case before he even walked in the door. Richard smirked. It was a technical trap. Procedural law 101. If you don't file the paper denying the facts by the deadline, you lose. Period. The plaintiff is correct, Judge Halloway said, looking at Julian with a bored expression. Mr. Banks, I don't see a counter-affidavit in the file. Do you have one? I do not, Julian said. Then you have admitted to the plaintiff's facts, the judge said, picking up his pen to sign the order. Case closed. Mr. Sterling, prepare the order.
Wait, Julian said. He didn't shout. He just said it with such authority that the judge's hand froze. Excuse me? Halloway glared. Julian stood up. He picked up the thin stack of files bound by the rubber band. Mr. Sterling cited civil practice rule 56 regarding summary judgment, Julian said, his voice dropping an octave, becoming sharper. But he conveniently forgot to mention rule 56F. If the party opposing the motion cannot present facts essential to justify opposition due to concealment by the moving party, the court must refuse the application for judgment. Richard rolled his eyes. Concealment? Oh, please. What are we hiding? A deed to a shack? No, Julian said. He walked around the table, moving into the center of the well. You're hiding the fact that the city official who sold you the land two months ago didn't exist.
The room went quiet again. Objection, Richard roared. That is slanderous, baseless, and ridiculous. I have the affidavit of the city clerk right here, Julian said, holding up a document. There is no Marcus Thorne employed by the land registry. The signature on the deed of sale to Apex Horizon is a forgery, and under state law, a forged deed conveys no title. Julian dropped the document on the plaintiff's table. It landed with a heavy slap. So, Julian continued, looking up at the judge, his eyes hard as flint. My grandmother isn't a squatter. Your client is the trespasser, and since you filed a motion based on a forged instrument, I believe that's a felony fraud on the court, Mr. Sterling.