Yes, I’m responding to myself: also of note, Bruce provided no evidence that he sent a similar non-responsive email to Mr Silver, the attorney who subpoena’d Jonathan Kanarek.
My point is, that email has no context. The date isn’t even in the relevant timeline. How is this proof that the documents were ‘lost in the mail’ as IM/JK claimed?
Why would he email Deininger asking him to call, rather than simply call Deininger himself… Or say what he needs to say in the email asking him to call?
I would assume that the email could say “Please call me RE: JK/KK subpoenas that were due yesterday at your earliest convenience. Also, got an extra spot at the table tonight??? Much love, Nagel”
It’s not uncommon to at least write: Give me a call re: Kirby Kanarek’s subpoena (even though we don’t represent her).
And no, it’s not uncommon to do general things like ask for an extension by email. Before the deadline has passed, for a client you actually represent.
I would guess the average ambulance chasing lawyer (AKA Bruce in this situation) does not want to put lots of things in writing.
In this case, if we pretend he was contacting Deininger about Kirby Kanarek’s subpoena, I doubt he wanted to say - Hey I don’t represent her but they have me by the balls and I am trying to fix a situation…etc etc.
EB leaning back in his chair, crossed legged, chewing on that ever pesky hang nail…
CD smiling politely, saying “yes sure, I’ll raise you”, all while looking a little bashful and innocent (but likely holding a Royal Flush)
Silver going on theatrically and eloquently about his hand (but who knows, maybe he has a pair of 4s? In any case, he’s got me thinking those 4s are Aces)
…