My Shingle

Musings from the Other End of the Pleading

by Carolyn Elefant on June 21, 2011 · 2 comments

in Ethics Issues, Mistakes/What NOT To Do

Print Friendly

For the past month, ever since I learned that I’d been named as a defendant in Rakofsky v. the Internet, I’ve been getting acclimated to life on the other end of the pleading. In my seventeen years as a solo, I’ve inhabited a comfortable spot on the signature line. I still get a thrill at the sight of my signature alone and proud, identifying me as the author and guaranteeing the quality of my work. At that end of the pleading, I’m in the driver’s seat, pushing the case in the direction that my client wants it to go.

But now, as a defendant, I am ensconced in the passenger’s seat on the other end of the pleading. Initially, acting as both the consummate, micro-managing lawyer and stressed-out litigant about having to deal with a frivolous nuisance of a lawsuit, I tried to assume control of the case by interjecting my opinions and peppering my lawyers with questions. Yet after just a few weeks, I’m surprised at how easy it’s become to sit back and let my lawyers take the wheel. To entrust them to make the final decisions about the case strategy and approach so that I don’t have to obsessively examine every angle. To listen as they give voice to the issues that matter – like my First Amendment rights as a blogger to express my opinions and help new solos stay out of trouble – so that I don’t have to fight by myself. To let them deal with this narcissistic, self-righteous plaintiff and his soon-to-be-former lawyer. (See recent iteration).

As a lawyer, I’ve always realized that we can solve clients’ problems, vindicate their rights or effect justice. But until I came over to this end of the pleading, I never fully appreciated how much lawyers (well good lawyers, that is) do to simply make our clients’ lives easier – and how very important that is.

  • http://profiles.google.com/jeff.gamso Jeff Gamso

    Amen.

    It’s a learning curve, too.  We want clients to let us do our job without micro-managing.  Being a client (perhaps especially when you’re also a lawyer) makes you understand just how hard that can be – and how smart.  And it’s probably useful (although perhaps not worth the costs) to experience litigation from the other side of the desk insofar as it can help us better understand how our clients feel.

  • Anonymous

    “I are aware that when that’s around my personal region, [and] he is a robust louboutin-chaussures-fr
     man prefer that? These are likely to get rid of me prior to another person understands what happens in my experience, ” your lover instructed ABC Information.

    Overlook Diallo and also the woman’s 15-year-old girl acquired asylum in the us in THE YEAR 2003, soon after fleeing war-torn Guinea, throughout western Africa. Your lover pronounces your lover endured genital mutilation as well as had been raped by way of govt troops.

    Nevertheless your lover admits in order to exaggerating an account with bunch rape in your girlfriend asylum practical application. The actual disclosure was amid many gives off that will your girlfriend credibility shipped past 30 days by way of Manhattan prosecutors.

    Your lover likewise admitted of which concerning the health to help the woman original phrases, your lover louboutin-chaussures-fr
     cleaned your adjoining place subsequent the actual alleged infiltration. Your woman was furthermore observed to own lied to you in your girlfriend salary taxes results.

    And also your woman was charged with telling Amara Tarawally, a new masculine companion around jail with The us with regard to meds offences, “This chap includes a lot of money. I know just what exactly Im doing” within a mobile call, even more fuelling queries in relation to the woman’s allegations.

    Neglect Diallo along with Tarawally deny that they aimed Mr Strauss-Kahn. “We are generally poor, nevertheless we have been great, ” your lover instructed Newsweek newspaper. “I don’t think related to money. ”

    Considering the felony criminal prosecution seemingly approximately fall, however, your ex law firm Kenneth Thompson includes tested that will your woman louboutin-chaussures-fr
     can immediately file a claim the woman’s alleged attacker intended for harm. 

Previous post:

Next post: