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Rising Star
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Chief
Anyone marry their law school sweetheart?
Rising Star
Chief
Random: what the heck is “auto hourly” wages?
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Pro
I’m sorry you are going through this. This is a great lesson in “never threaten something you aren’t ready to go forward with.” Meaning, type up the Rule 11 motion first before threatening it.
Also, in some jurisdictions, threatening to file a Rule 11 is itself a violation of the rules of professional conduct. Either there is a violation or there is not. So, file or do not, but don’t threaten to file.
I would pick up the phone and talk to OC and see if you can work out the underlying issue.
Rising Star
I agree with FP1. “Never threaten to do anything you aren’t willing to go forward with” is an excellent piece of advice. A mentor told me this as first year associate, and I’ve never deviated from it. My line would be “if you continue behaving like this you’re leaving me lo option bit to consider rule 11. I don’t want to do it but let’s be professional here…” I have said that before.
Pro
A partner I used to work for wrote these threat letters on nearly every matter. It was his MO. If it was justified, and you don’t plan on doing anything about it, just let it go?
That really sucks.
Use it as a bargaining chip. Back down if they do what you want. That’s what I do when I’m in those situations. “Let’s work through this amicably. A rule 11 motion would cause more work for both of us so let’s work this out between us.”
Why threaten? If the motion is justified, file it. If not, you effed up and you should take the consequences humbly. Either way, never again should you threaten a motion you don’t already have outlined if not written.
Rising Star
It might be justified, but how many judges want to deal with this? When I’ve been threatened with rule 11, my response was always “bring it asshole.” They never did.