When “Being Done Wrong” is not enough in court?

0
1295

Legal Injustice

Mark J. Bamberger, Esq., Owner and Principal

The Mark Bamberger Co., LLC

Offices in Tipp City, West Chester, and Enon

We get clients come into The Mark Bamberger Co., LLC almost daily with perfectly good (sounding) cases.  They have been wronged!  There is little doubt from the passion of how they relate their story that they have been wronged; and further that they indeed deserve justice in an Ohio or Federal court.  My staff and I listen to client cases and empathize.  But remember the old adage “…if you want a friend, buy a dog”?  Welcome to our system of justice; in all its splendor and candor.  Although Lady Justice is blind and wielding a sword along with scales; if you look closely, she is also bruised, cut, and bleeding.

This is not easy business.  The rate of alcoholism is about as high for attorneys as for any other profession besides professional drinkers and bar flies.  It is hard to be empathetic and supportive on one side, but also equally realistic about the odds of winning any particular case on the other.  The difference between “being wronged” and being able to prove in a court of law (be it criminal, civil, or domestic) that a client was wronged to the proper legal standard is no business for the faint of heart.

I tell my staff that the most important aspect of being a good lawyer (besides basic competence) is the ability to tell the truth.  That means not only telling the truth to judges or fellow attorneys, but perhaps hardest of all telling the truth to crying clients who plead for the “launching of their judicial armada”.  The litigation process is long and painful.  Having said that, when there is a case to be won, we here at The Mark Bamberger Co., LLC go after the bad guys with passion and all the weapons at our disposal.  The joy of that is that we usually represent the “little guy” against corporations, governments, and so on.  The victories are sweet and we have won far more than lost.  But loss is part of the equation that must be considered throughout the litigation process (see past articles on civil litigation and criminal defense).

The bottom line is that all clients want a legal champion, but at times what they need is the straight truth about the pros and cons of their case and a candid analysis of the chance of victory.  If their definition of victory is realistic, we can often make it happen.

MJB  4/14/10