Thursday, October 4, 2007

The "Truth" May Lay Somewhere In The Middle

Recently, I've had occasion to deal with some brethren and sisters of the bar who steadfastly maintain that their clients are "right" even when confronted with documentary or physical evidence to the contrary. I've also recently had experiences with attorneys who refuse to acknowledge any position or set of facts other than those related to them by their client. Come hell or high water, "their" client is correct. Damn the torpedoes and full speed ahead! This is not only frustrating, but has led to unnecessary and costly litigation which, in the final analysis, fails to serve the client's interests. Legal fees mount and substantive results take an inordinate amount of time. While I'm all for zealous advocacy, I don't believe that an attorney should conduct the representation with blinders in place. Unfortunately, this appears to be the case more and more.

Although it's an elementary concept, there are two sides to every story. In many (but not all) instances, the "truth" lies somewhere in the middle. Those who ignore or refuse to even consider that reality do their clients and the legal system a great disservice. IMHO, a pragmatic approach to a legal problem is far more beneficial to all involved than a trench warfare mindset. I hope many of my colleagues will agree.

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