captain_jay_conrad
Libertas in Legibus
- Joined
- Aug 23, 2012
- Location
- Courthouse.
I've found, in my line of work, that there are those who will never accept a piece of advice. It is one of those scenarios where you can see the train wreck waiting to spring forth, but no matter what you say, the client won't take the advice. That sort of thing is more taxing than I ever thought it would be. Perhaps, rather naively on my part, I thought I would grow used to it with time. That something of this nature could be shut off from being a drain, but sometimes that's just impossible.
Thankfully this happens less now that I'm in corporate law. I'm not out on the front lines as I had been during my criminal defense days. These days I mostly oversee the work of the outside counsel we contract to watch over the company's best interests. Still, every now and then, one of the cases of an individual seeking help comes up. I'm willing to help, because I don't like seeing good people get screwed by an overly complex and oft-times unfair system.
Then the facts of the case come to light, and it is a walking shit-show on stilts. A default judgment for failing to appear when a creditor had filed suit. Then having two bank accounts frozen as a result of garnishment, and the kicker, an amount in tens of thousands of dollars. These are the sorts of cases that create divorces. And, family law is something I vowed never once to touch.
Well, I offered the advice I would, and three other attorneys offered the same advice. Still, hurt and reeling from their bout of misfortune, these poor souls are still convinced they have a case, and their money is salvageable. I won't say it's impossible, but it is merely three steps to the left from it. In a case like this it is best to cut losses and attempt to negotiate a way out. But, the other side is in no mood to give up their superior position. My concern is that these souls will lose even more money trying to create a legal solution that simply isn't there.
I'm as aggressive as it comes when it comes to protecting my client's rights and interests. One doesn't become the Chief Legal Officer of several multi-million dollar companies if they don't fight. But, part of being a good practitioner is knowing when you don't have a leg to stand on, so to speak. And, that is what this case is. It's a losing situation no matter what.
It's also a situation where the client is going to be pissed no matter what the outcome is. There is fighting for a purpose, and then there is fighting just to fight. The former serves a purpose. While the latter just digs a hole deeper. There's no damned sense in digging oneself into a deeper hole.
Yet, when certain clients get an idea in their head, there's no shaking them from it. They fixate and obsess over it. The wound to their pride begins to fester, and they can't let it go. That is the point where you cut ties from it. Pursuing it further serves no purpose aside from endangering yourself, as a practitioner.
If there is something I miss from my days as a young attorney, it would have to be that hopeful outlook that I could make a difference in the system. It's quaint, almost charming in its hopeful innocence. The real world hasn't crept in yet, and the promise of glory from your days in law school are still fresh in your mind. Experience wipes that youthful outlook away. It always does.
One doesn't stop caring about the things they did when they first emerged from the hell that is law school. Nor do they necessarily change who they are. It's just a matter of maturing in the profession. Everyone has limits, and the system can never be wholly purified. This is just one of those things which never makes sense until one has experienced it.
I do wish the best for these souls. Being in a situation like theirs is never pleasant. But, when the toxic cocktail of pain and a desire for vengeance kicks in, there's no calming the beast. I have done what I can. And, there's nothing more I can do.
Is this a loss for me? In a technical sense, no. But, law cannot always be merely technical. So, for that reason, I would toss it up as a loss. It's a loss because I couldn't get the client to a position where they were satisfied enough that further harm would not ensue.
Every practitioner has moments of victory, and of defeat. No matter how many victories or successes one achieves, the bitter fruit of defeat doesn't get easier. You just get more stoic about it. Constantly pouring everything into it will merely burn you out in the long run. So, it becomes a matter of finding a way to compartmentalize it.
That's the lesson that rears itself every time something like this happens. Doesn't make it easier. Rather, it just makes it a little easier to understand. At least, to the degree that some of this bullshit can be understood. So, there's that, I suppose.
Thankfully this happens less now that I'm in corporate law. I'm not out on the front lines as I had been during my criminal defense days. These days I mostly oversee the work of the outside counsel we contract to watch over the company's best interests. Still, every now and then, one of the cases of an individual seeking help comes up. I'm willing to help, because I don't like seeing good people get screwed by an overly complex and oft-times unfair system.
Then the facts of the case come to light, and it is a walking shit-show on stilts. A default judgment for failing to appear when a creditor had filed suit. Then having two bank accounts frozen as a result of garnishment, and the kicker, an amount in tens of thousands of dollars. These are the sorts of cases that create divorces. And, family law is something I vowed never once to touch.
Well, I offered the advice I would, and three other attorneys offered the same advice. Still, hurt and reeling from their bout of misfortune, these poor souls are still convinced they have a case, and their money is salvageable. I won't say it's impossible, but it is merely three steps to the left from it. In a case like this it is best to cut losses and attempt to negotiate a way out. But, the other side is in no mood to give up their superior position. My concern is that these souls will lose even more money trying to create a legal solution that simply isn't there.
I'm as aggressive as it comes when it comes to protecting my client's rights and interests. One doesn't become the Chief Legal Officer of several multi-million dollar companies if they don't fight. But, part of being a good practitioner is knowing when you don't have a leg to stand on, so to speak. And, that is what this case is. It's a losing situation no matter what.
It's also a situation where the client is going to be pissed no matter what the outcome is. There is fighting for a purpose, and then there is fighting just to fight. The former serves a purpose. While the latter just digs a hole deeper. There's no damned sense in digging oneself into a deeper hole.
Yet, when certain clients get an idea in their head, there's no shaking them from it. They fixate and obsess over it. The wound to their pride begins to fester, and they can't let it go. That is the point where you cut ties from it. Pursuing it further serves no purpose aside from endangering yourself, as a practitioner.
If there is something I miss from my days as a young attorney, it would have to be that hopeful outlook that I could make a difference in the system. It's quaint, almost charming in its hopeful innocence. The real world hasn't crept in yet, and the promise of glory from your days in law school are still fresh in your mind. Experience wipes that youthful outlook away. It always does.
One doesn't stop caring about the things they did when they first emerged from the hell that is law school. Nor do they necessarily change who they are. It's just a matter of maturing in the profession. Everyone has limits, and the system can never be wholly purified. This is just one of those things which never makes sense until one has experienced it.
I do wish the best for these souls. Being in a situation like theirs is never pleasant. But, when the toxic cocktail of pain and a desire for vengeance kicks in, there's no calming the beast. I have done what I can. And, there's nothing more I can do.
Is this a loss for me? In a technical sense, no. But, law cannot always be merely technical. So, for that reason, I would toss it up as a loss. It's a loss because I couldn't get the client to a position where they were satisfied enough that further harm would not ensue.
Every practitioner has moments of victory, and of defeat. No matter how many victories or successes one achieves, the bitter fruit of defeat doesn't get easier. You just get more stoic about it. Constantly pouring everything into it will merely burn you out in the long run. So, it becomes a matter of finding a way to compartmentalize it.
That's the lesson that rears itself every time something like this happens. Doesn't make it easier. Rather, it just makes it a little easier to understand. At least, to the degree that some of this bullshit can be understood. So, there's that, I suppose.