Back to Work, Sort Of

A case we've been working on for the past several years is being mediated tomorrow, and I'll be in the office today to help "strategize." This is funny to me, since the strategy is ALWAYS to get as much money for the client and the lawyers as possible, failing which, prepare to take the case to trial.

Little changes in the handling of injury cases. The fundamentals are that each side tries to use the uncertainty of a potential jury verdice to leverage its position. The plaintiff has, usually, sympathy, and the defense has the logic of "not wanting to turn a misfortune into a fortune" as the well worn defense playbook states.

Dr. Barry emailed me about another old case against his department -- a claim no decent med mal lawyer I know would have even sneezed at. Still, one of his partners is being sued for caring for a deeply involved patient (ventilator dependent, terminally ill) accused, I guess, of acting in a way that somehow shortened the pathetic child's life.

The defense lawyer this time is competent, an old timer I'll call Jack, since that's his name, and I'm hoping he mounts a vigorous defense, unlike the insubstantial lawyers the department is usually saddled with, whom I'll call Chris and Helen.

On the other hand, Jack is getting old -- mid 60s, which is ANCIENT for a trial lawyer, and that may play a factor. Years ago I read that the prime age for a trial lawyer is 35-55. Before 35, the young puppy is just too green; after 55, his reactions and judgments and ability to relate to a jury suffer.

Good thing I choose to semi retire now. In another 5 years, I'd be washed up anyway.

I truly have to find some other line of work. I enjoy the cameraderie of the old firm, but not its mission.

If only someone would pay me for reading the news all day, or watching football on tv...

Still, I'll make the trek into the office, and listen to my fellow lawyers reinvent the wheel several times. So much time is wasted in the handling of cases on the anxiety of the lawyers -- their deep fear of looking stupid to their colleagues, which almost always proves unfounded, since no matter how dumb a lawyer is, someone can be found who is dumber.

I hope this case settles tomorrow...