find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Lawyer demands trial by combat

Lawyer demands trial by combat

Two lawyers enter the courtroom but only one comes out alive – that’s how one New York lawyer has called for his civil suit to be settled.

Staten Island lawyer Andrew Luthmann, who is currently embroiled in a dispute over dealings with a former client, filed a document in the New York Supreme Court invoking “the common law right to Trial by Combat”.

Taking a creative approach to alternative dispute resolution, he asked leave to settle the civil case through a battle, with victory going to the party still in one piece at the end of it.

Mr Luthmann faces allegations that he advised his former client David Parker to liquidate his assets and move funds beyond the reach of creditors in violation of state law.

Plaintiffs Benjamin Foley, Richard Foley, Ryan McGetrick and Brian Hale, who were creditors to Mr Parker, are seeking $550,000 from Mr Luthmann, plus punitive damages.

In the document filed with the court, Mr Luthmann spared no words in dismissing the allegations, describing the plaintiff’s claims as “a glorified comic book piled on top of pure and adulterated extortion wrapped in a transparent abuse of legal process”.

In what could be interpreted as cheeky dig at his opponents' prospects – or an over-enthusiasm for Game of Thrones – he called on the judge to either dismiss the complaints in their entirety or allow the battle to begin.

He included a spirited 10-page history of trial by combat, and while Folklaw cannot attest to its accuracy, it applauds the zeal displayed in undertaking the research.

According to Mr Luthmann's argument, trial by combat has never been formally eliminated from US courts.

“As such, the undersigned respectfully requests that the Court permit the Undersigned to dispatch Plaintiffs and their counsel to the Divine Providence of the Maker for Him to exact His Divine Judgment once the Undersigned has released the souls of the Plaintiffs and their counsel from their corporeal bodies, personally and/or by way of a Champion," he wrote.



Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lawyer demands trial by combat
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...