Legal professionals typically must signify shoppers that would not have too many defenses for the crimes charged or the civil wrongs alleged. Nonetheless, our adversarial system of justice requires that individuals get stable illustration since justice is simpler to achieve when one of the best arguments are offered by all sides. As attorneys, it may well generally be simple to surrender and throw within the towel on sure features of a illustration. Nonetheless, in most conditions, legal professionals mustn’t go down with no combat.
I don’t deal with legal issues, however I deal with civil instances, together with landlord-tenant points, business disputes, and different issues. In lots of conditions, I can advance simple arguments in courtroom to signify my consumer’s curiosity. Nonetheless, generally my consumer is responsible of the conduct alleged, and it’s troublesome to argue that my consumer subsequently shouldn’t be topic to the implications of those actions.
Earlier in my profession, I represented a consumer in an eviction matter that was filed by a landlord. My consumer had not paid the hire as owed beneath the lease. Because of this, the owner instituted an eviction motion. Not one of the typical arguments for tenants existed because the landlord was not in breach of the lease itself nor had the owner constructively evicted the tenant or dedicated every other kind of hurt.
Landlord’s lawyer requested me earlier than the eviction trial if I might permit landlord to take a judgment of possession towards my consumer with out opposition. I shortly rejected this proposal. As an legal professional, I had an obligation to diligently signify my consumer, and I didn’t consider I might be fulfilling this obligation by refusing to place up a combat. I instructed landlord’s lawyer that I might maintain landlord to its burden of proof, so I might not permit landlord to acquire a judgment of possession towards my consumer with no combat. The owner’s lawyer didn’t appear happy with this response because the landlord’s legal professional must placed on a case earlier than a judgment of possession was entered.
On the eviction trial, landlord had a witness who didn’t have firsthand information of the lease at difficulty in that case. This witness additionally didn’t signal the lease nor did he witness the execution of the lease. Furthermore, landlord’s witness didn’t have firsthand information of how hire was paid to landlord and didn’t personally observe all the hire funds constructed from tenants. I then submitted to the courtroom that the owner was not capable of authenticate the lease at trial and didn’t submit sufficient proof to point out that my consumer didn’t submit hire as required by the lease.
The courtroom ended up ruling in favor of landlord, however these authentication points put my consumer in a very good place if we needed to attraction the choice. Finally, my consumer settled with the owner, and an eviction was prevented. It’s attainable that had my consumer merely permitted landlord to acquire a judgment of possession with no combat, landlord would have been in a greater place and would have negotiated a less-favorable settlement to resolve this example.
After all, legal professionals have a accountability to keep away from frivolous arguments, and in some conditions, it’s nearly unimaginable to make an argument that favors a consumer. Nonetheless, legal professionals ought to by no means go down with no combat, and legal professionals can often use some creativity and analysis to advance some form of argument in favor of a consumer. Making each argument out there to a consumer may help promote a consumer’s pursuits and make sure that a consumer receives one of the best end result attainable when going through a authorized difficulty.
Jordan Rothman is a accomplice of The Rothman Regulation Agency, a full-service New York and New Jersey regulation agency. He’s additionally the founding father of Pupil Debt Diaries, an internet site discussing how he paid off his pupil loans. You’ll be able to attain Jordan by means of electronic mail at jordan@rothman.regulation.
