October 20, 2021
Lawyers are licensed as “Attorneys and Counselors at Law.” At David M. Shaby II & Associates we take our responsibilities as Counselors at Law very seriously. Many lawyers will do whatever their client asks of them so long as they are being paid. But does the client really know what is in their best interests? Sometimes yes, but often times not. A good lawyer will properly advise his/her client.
We have all heard of lawyers who file frivolous lawsuits on behalf of clients who want the lawsuit filed because of some dubious reason (eg. spite, anger, to annoy, desire for retribution, etc.). According to the Rules of Ethics an attorney should not file or participate in the filing of a lawsuit for an improper purpose. Not only will a client who hires a lawyer to file a frivolous lawsuit have to pay his own attorneys fees, but he or she may open himself or herself for exposure to having to pay monetary sanctions to the opposing party. Additionally, he or she may open themselves to a lawsuit for malicious prosecution once the frivolous lawsuit is dismissed. A good attorney and counselor at law should advise the client strongly against engaging in such actions and should even refuse to represent the client in such matters when brought for an improper purpose. Many lawyers will represent their clients to their “last dollar”. At David M. Shaby II & Associates, we pride ourselves in placing our clients’ interests first. We listen to our clients and will only represent them when they have been truly wronged. In many cases we will advise the client against spending monies in litigation when the same or better result can be achieved outside of a lawsuit. Many times, participating in pre-litigation negotiation or participating in a pre-litigation mediation can resolve disputes for a fraction of the cost of full-blown litigation.
When representing an injured party, a client is not always in the best position to evaluate the value of his/her case and the risks of going to trial. We understand that the client has suffered (in many cases – very significant) losses as the result of the actions or inactions of another. Such a client may feel that they are entitled to a massive amount of money as compensation. Fueling this is the reporting of sensational awards in the media and/or boasting by lawyers in their advertisements. This disseminated information has the effect of distorting the reality of what jurors actually award in most cases. At David M. Shaby II & Associates we keep our finger on the pulse of jury awards and are able to estimate (we believe accurately) what jurors will do with a specific fact pattern. Often the client is too close to their suffering to see the forest through the trees. They may discount the effect on the jury that they had a beer before the accident. Or the lawsuit may be against a person that the jurors will feel particular sympathy for. In evaluating a client’s claim the attorney must take into account far too many factors that can be listed here. Suffice it to say that an experienced trial attorney is in the best position to evaluate a claim, determine the risks at trial, and advise the client accordingly. Many times, the client is reluctant to take the attorney’s advise and “want to roll the dice”. It is up to the counselor at law to do his best to keep the client from “cutting his nose off to spite his face.” At David M. Shaby II & Associates we have over 40 years of trial experience that we draw on that permits us to properly evaluate a client’s claim. It we receive an inadequate offer to settle, we will vigorously fight for our client to obtain a just sum – through a trial if necessary. If on the other hand a fair offer to settle is received (when considering all of the facts) that is initially rejected by the client, it is our job to urge the client to “see the light”. We do our best to do that. After all we are Counselors at Law.