Attorneys usually must symbolize shoppers that wouldn’t have too many defenses for the crimes charged or the civil wrongs alleged. Nonetheless, our adversarial system of justice requires that individuals get strong illustration since justice is less complicated to realize when one of the best arguments are offered by all sides. As attorneys, it may typically be simple to surrender and throw within the towel on sure facets of a illustration. Nonetheless, in most conditions, attorneys shouldn’t go down and not using a combat.
I don’t deal with legal issues, however I deal with civil circumstances, together with landlord-tenant points, business disputes, and different issues. In lots of conditions, I can advance simple arguments in courtroom to symbolize my shopper’s curiosity. Nonetheless, typically my shopper is responsible of the conduct alleged, and it’s tough to argue that my shopper subsequently shouldn’t be topic to the implications of those actions.
Earlier in my profession, I represented a shopper in an eviction matter that was filed by a landlord. My shopper 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 for the reason that landlord was not in breach of the lease itself nor had the owner constructively evicted the tenant or dedicated some other kind of hurt.
Landlord’s lawyer requested me earlier than the eviction trial if I’d permit landlord to take a judgment of possession towards my shopper with out opposition. I shortly rejected this proposal. As an legal professional, I had an obligation to diligently symbolize my shopper, and I didn’t imagine I’d be fulfilling this obligation by refusing to place up a combat. I advised landlord’s lawyer that I’d maintain landlord to its burden of proof, so I’d not permit landlord to acquire a judgment of possession towards my shopper and not using a combat. The owner’s lawyer didn’t appear happy with this response for the reason that 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 data 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 data of how hire was paid to landlord and didn’t personally monitor the entire 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 shopper didn’t submit hire as required by the lease.
The courtroom ended up ruling in favor of landlord, however these authentication points put my shopper in a superb place if we needed to attraction the choice. Finally, my shopper settled with the owner, and an eviction was prevented. It’s doable that had my shopper merely permitted landlord to acquire a judgment of possession and not using a combat, landlord would have been in a greater place and would have negotiated a less-favorable settlement to resolve this case.
After all, attorneys have a accountability to keep away from frivolous arguments, and in some conditions, it’s nearly not possible to make an argument that favors a shopper. Nonetheless, attorneys ought to by no means go down and not using a combat, and attorneys can normally use some creativity and analysis to advance some sort of argument in favor of a shopper. Making each argument obtainable to a shopper can assist promote a shopper’s pursuits and make sure that a shopper receives one of the best final result doable when dealing with a authorized difficulty.
Jordan Rothman is a companion of The Rothman Law Firm, a full-service New York and New Jersey regulation agency. He’s additionally the founding father of Student Debt Diaries, a web site discussing how he paid off his pupil loans. You’ll be able to attain Jordan via e-mail at jordan@rothman.law.
