Posted On: August 4, 2004, 9:22 am CDT

Posted By: An Atty

Comments like the one that trial lawyers don't look to blame, only to see how much money they can get out of a case, fundamentally misunderstand this country's legal system. Lawyers are not "truth seekers", and they are not SUPPOSED to be. They are advocates, and their job is, and is designed to be, to advocate truthfully their client's best position in an effort to maximimze their client's reward.
Why is it so? Why aren't lawyers attempting to find the "truth"? There are a number of reasons.
First, the law resolves disputes. Clients always feel they are right. How satisfying would it be to you if you KNEW you were 100% right, but you couldn't get anyone to fight for you? How would you feel if the "lawyer" told you, like the defendant, that in fact you were actually 50% at fault? That would NOT be a satisfactory system to individuals seeking retribution. Remember, lawsuits serve in part to replace gun fights. It is far more satisfactory to people generally, and as a society we are going to be far more accepting of a verdict that is rendered after we feel our position has been professionally and adequately represented by someone who's interests are aligned with ours.
Second, we have determined as a society that "truth" is better revealed through vigorous advocacy. If lawyers were supposed to be determining the truth, instead of advocating their clients position, then lawyers would simply become the jury, since they would be determining the "truth" of what happened. We as a society prefer to allow everyone to participate in that process -- not just people with law degrees.
Third, lawyers have duties not to bring frivolous cases and not to misrepresent facts and not to cross the line. Do some fail to follow the rules? Of course, just as some people in every profession do. Unspecified blanket criticism of the entire profession is not only inaccurate (and hurtful to those of us who take our jobs very seriously) but is counterproductive.
I recognize this is an uphill battle I am fighting, but I've chosen to dedicate my life to speaking up for people who have been injured. Do I sometimes wonder if the client is "fudging" a little? Of course. But unfortunately, people fudge when they are self-interested, and that is why both sides get lawyers, and why there are trials.
On a separate note, my limited and personal experience with insurance companies has been that MOST of the time people get a fair shake, but when big money is on the line, or sometimes for no apparent reason, some individuals really get railroaded. That bothers me because the very reason for insurance is to protect against being injured, and there are laws that command insurance companies to treat such people fairly. When they do not, I fight and I fight with every tool at my disposal to rectify the situation.