Thursday, October 20, 2022

Lawyers Must Challenge Their Clients' Positions and Evidence

 When you visit a lawyer and during the representation, you should expect counsel to challenge your position and question your documents. If your lawyer isn't doing that, she's not preparing you for the tough questions you will face in court and during your deposition. Even during mediation, a skilled mediator will question your position.

This should be expected because your opponent doesn't hand you money in non-car accident cases without a fight. You have to support and defend your position. Your attorney should act as a gatekeeper to prevent you from making a fool of yourself on the stand. 

Therefore, preparation at the beginning is key. Take the list of items presented to you seriously. Get documents to your lawyer as quickly as possible. The more documents you have to support your case, the better.  Answer your interrogatories and produce your documents as early as possible. 

Most importantly, don't be offended when you are cross-examined by your lawyer on your theories of the case. It will show the holes in your case and prepare you for the key stages in your litigation.

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