The Balancing Act
By Ellen Rappaport Tanowitz

As a working mother, most days I feel more like a gymnast
living on the balance beam than a lawyer-I'm a solo practitioner,
mom to three young kids, wife-and there are many days when I
wonder why I try to do it all and whether it is all worth it.
Then there are days like last Friday when the answer was an
unequivocal yes. My client, an LLC, was recently sued as a reach
and apply defendant in federal court. The plaintiff, represented
by one of the largest firms in the city, was seeking injunctive
relief against the defendant (represented by someone old enough
to be my dad) to prevent him from dissipating assets. My client
ended up in this mess because the defendant owns a one-third
interest in the LLC. A reach and apply motion is difficult to
defeat because the standards in Massachusetts are virtually
identical to a real estate attachment: If the plaintiff can
show a reasonable likelihood of success on the merits and lack
of sufficient security to satisfy a judgment, it wins the motion.
I scrambled to prepare my opposition. I worked late-we ate
out-my husband put the kids to bed. I got an opposition together
in two days. The day before the hearing the plaintiff and defendant
each called me to tell me that they'd worked out an agreement
on the preliminary injunction and that my client should agree
to the reach and apply pursuant to the statutory language. I
declined. My client very much wanted to be heard. I had at least
one decent argument, and although I feared a scolding from the
chief judge of the district who drew the case for being uncooperative,
I figured I had nothing to lose.
I arrived at court to find a representative from the plaintiff,
plus two of its attorneys, two attorneys for the defendant and
me. While we waited for the judge, my stomach did its usual
flip-flops, and I reviewed my arguments one more time. And then
court was in session and it was my turn. I made my argument
and I won. No reach and apply for my client.
I went home to relieve my sitter who had relieved my husband
who had come home from work to watch two of our kids, since
I don't usually work Fridays. We played with Play-Doh, and I
walked to pick up my seven year old from school. On the walk
home that Friday afternoon, I thought to myself, yes, it is
all worth it-at least today.
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