Wednesday, October 9, 2013

Is A Good Attorney Enough?


With the wrong attorney, you can sometimes feel worse than alone.  The truth of that sentence was really driven home to me today.  Why today?  Today, I was part of a settlement conference at which the custody evaluator gave her report.  The report was devastating news to one of the parties.  One of the reasons it was so crushing was that it was unexpected.  Not to me.  Not to my clients.  Not to another one of the parties.  So why was it so to this one?  It was simply because she was unprepared.  Her attorney never explored with her the very real possibility that the evaluation would not be favorable to her, much less the catastrophic report that ensued.  You would think her attorney would be concerned.  You would think he would be solicitous.  You would think he would care about his client's trauma.  You would be wrong.  The evaluator was as kind as possible under the circumstances to this party. Her attorney?  Let's see.  He spent his time spinning in his chair, checking his hangnails, refilling his cup of coffee.  I don't believe he ever looked once in his client's direction.  My heart, and those of my clients, went out to her.  How awful to be so alone when your counsel, the one who is supposed to look out for your interests and support you, isn't really thinking about you.  Her attorney's questions make it obvious that he will not advise her to settle the case and we will go forward to trial.   Where she will again be alone.  Is her attorney incompetent?  Not really.  Is he uncaring?  Certainly.  Let's amend yesterday's blog a bit, shall we?  If I were going to trial, I would want a good attorney.  I would also want one who cares how the result affects me.  How about you?  Here in the Trenches.

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