Monday, December 8, 2014

Is There Such A Thing As A "Bad" Fact In A Case?

Clients ask me all the time, is this a "bad" fact?

My response may sound a little "zen" rather than lawyer-like in that I tell them just to tell me ALL the facts and not worry for now if it's good or bad.  In a case, the only truly "bad" fact is one I do not know as I cannot prepare for it, anticipate it or explain it.

Often there are damaging facts that get worse if we do not own them and explain them or gain credibility with the judge and jury by bringing them out ourselves and owning them. I will be the one to tell the judge or jury this damaging fact. Every case has a mixed set of facts - or else we would not be in court or have a legal dispute.

When you meet with me or your lawyer, write out an attorney-client privileged chronology. Do your best to remember everything and tell your lawyer everything. Sometimes what you may think in your own judgmental head is a "bad" fact is something that helps explain what happens or that we can use to our advantage.

Posted by Tracy Green, Esq. 


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