Ups and Downs

Today was a day of highs and lows here in the Trenches.  On the high side, a couple of weeks ago, we offered to settle a case.  The other attorney rejected the offer out of hand, so we went to a hearing.  We got the decision today.  The decision followed exactly the terms of our offer of settlement.  It's all part of knowing your court and your trier of fact.  The low side was for the same reason.  When clients have unrealistic expectations, we try to gently guide them around to a more reasonable point of view.  We try to refocus them on wants and needs rather than positions.  We try to problem solve.  We try to point out different ways of looking at issues.  Sometimes none of that works.  For some reason, those same people are the ones who would make really bad witnesses - they won't be able to answer a question succinctly and will say exactly the wrong thing on  the witness stand.  They are usually also the folks who are highly anxious in the courtroom and can't hide it.  With those clients, you have to be brutal and really tell them like it is.  It's difficult and painful, but necessary.  It is the least favorite part of my job.  I hate being mean, even when to do so is a kindness.  Unfortunately, I know my court, and I know what plays well and what doesn't, so I have to tell them.,   Otherwise, they'll be surprised and devastated in the courtroom, and that certainly would not be kind or in their best interest.  It's all part of managing expectations, and that's a large part of what we do - here in the Trenches.