I've Never Had It This Bad (Not Yet, at Least)

Trial attorneys like to think they're tough - engaging in gladiatorial combat on behalf of their clients in full view of a jury, judge, and assorted lookers on. But that's nothing compared to the emotional crucible that is appellate argument - going toe to toe with several smart, experienced, and (sometimes) pissed off judges who are looking for any reason to shoot your best argument down. Don't believe me? Last week in California, one advocate got battered so much that he collapsed in court:

[Judge Corrigan] and [Judge] Pollak also seemed infuriated by Olson's suggestion that it should be implicit in all health care contracts that they are deemed invalid if insurers later find out they don't have the statutory authority to provide that particular coverage.

'Have you got a case where that was actually the holding?' Pollak asked.

Olson said he didn't have one 'at the tip of my tongue.'

Olson then tried to compare Health Net's situation to that of a person trying to practice law without authorization. 'It's about whether you can continue to perform,' he argued.

Corrigan stopped Olson short and asked if he 'really wants to go down this road.'

A second or two passed, then Olson said, 'Excuse me, your honor,' before crumpling to the floor. Several spectators gasped, while others ran for help.

As for the sympathies of your adversaries:

Terrence Coleman and Arnold Levinson, partners at Pillsbury & Levinson representing the lawyers' association, never got an opportunity to make their case. But afterward they said the justices' questions indicated that victory would be theirs.

You think?