Monday, May 16, 2011

The Quality of Mercy.....


When a client tells me they want their day in court, the reason is almost always that they want "justice."  Justice, according to clients, is the upholding of what is morally right and fair.  Clients believe that if they can just tell the judge their story, the judge will see that they are right and what they ask for is fair, and that alone will prove to the other party that they are "wrong."  Clients believe that if only the judge will hear their story, the judge will side with them, because they are in the right.  Unfortunately, judges and lawyers view justice as the administration and procedure of the law to a given set of facts unencumbered by emotion.  The law is not necessarily fair, it simply is what it is.  Judges are there to make decisions in accordance with the rule of law because the parties can't decide between themselves what is fair.  Sometimes, that means a client receives what they feel is justice, and sometimes they don't.  It also means that clients who don't play fair and don't follow the rules sometimes are rewarded for their bad behavior.  When that happens, it isn't fair, it isn't right, and it sits poorly with me even if it is my client who was rewarded.  The fact remains, however, that justice was done, like it or not.  Why do you think she's depicted as blind while balancing the scales?

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