I am engaged in the title’s activity. We’ll see how this post goes as I can’t really tell you anything about the case.
Let’s say the other side is caught cold doing wrong and judicially admits it in the Answer to the Complaint (I have the distinct feeling I’m writing this for an audience of one, Curmudgeon). For the other three or four of you, if you say something in something you file with the court, you are stuck with it – true or not – it is true.
Ah, but you get a Counterclaim filed against your client that is, charitably put, not quite based on facts or reality. To add to the insult, the damages claimed would fund the deficit of some of our smaller distressed cities.
You figure out early on that the lawyer on the other side pretty much doesn’t have a case and wants to scare you so you will convince your client to do a walk away – each side dismisses and calls it even. And while the lawyer is at it, said lawyer is milking his client for fees. I really would pay for the pleasure of being in the room when the first bill is opened.
Your client understands all this and instructs you to soldier on, the right thing to do for legal and business reasons.
And I am; but, it is really depressing when I step back from it a bit. I’m going to make a relatively nice amount of money. My client may even come out ahead if the other side has some money to grab after a probable judgment.
And the lawyer on the other side is creative, if not quite what I consider professional, requiring me to think, something I don’t have to do very often at this stage in my career – I’m told it will stave off senility in the coming years.
But, it is all kind of distasteful. The other lawyer is condescending and smarmy which makes me want to engage in some equally unpleasant behavior, which I’m so far resisting.
I don’t like any of it.