I am an attorney (which I think was clear before). I believe in the system. I believed (especially in my youth) that we had the best process ever to determine the truth. Today I was completely stripped of those beliefs.
I watched an attorney who completely disregarded the testimony in trial weave an argument so absurd, in my opinion, that everyone could see through it.
Except the jury.
Have we watched too many movies? Have we seen LA Law, Boston Legal, Ally McBeal too many times? Do we think the person that wins should be the flashiest? Are we even listening?
I worry about juries. I worry about their decision making process. Every jury trial I have ever been involved in has hinged on something so irrelevant, so insignificant that you were shocked they even grasped it (this has been for when I have won and lost).
Today I lost to a liar. No two ways about it.
Yes, that sounds harsh. But trial is like war. Maybe a "civil" war but war nonetheless. And today I was the casualty. I was told I litigated in "bad faith." If you're an attorney you understand that is a very serious indictment. Ugh.
And why did we lose? I am not allowed, in my position, to speak in court (it's a political thing), but we lost because we were not willing to make the case into a character assassination of the plaintiff. I knew dirt on her, knew we could get it in but we decided to stay on point and leave the dirt out. How did that work out for us?
Um, not so well.
I like to leave these blogs on an upnote, but there is no upnote tonight. We got fucked in court by liars. And I don't see an upside in that.
Take care, dear readers.
Thursday, June 5, 2008
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