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« Knowing When To Fold Em' | Main | Deciding Who To Depose [Part I] »

March 27, 2008


Zach Kitts

Brilliant post, as always. I also think too many lawyers simply lack the ability to communicate the potential for liability--never mind the risks of trial--to the client. It isn't always easy to look someone in the eye that is paying you and tell them that they broke the law, and it is almost never received well. So, I suspect some lawyers lack the ability to openly and honestly have this sort of talk with clients. Others, I suspect, just figure they will have easier client relations and bigger revenues if they avoid discussing hard issues like the fact that the client screwed up. They do the same thing after trial, of course--i.e., blame the jury or the judge or system or the greedy plaintiff's lawyer who is obviously responsible.

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