[QUOTE=saje;6794963]
A question for lawyers:
If a potential client comes to you asking you to take their case, how much research (beyond what the client tells you) do you do? If you know nothing or next to nothing about the client, but have some interest in the basic subject of their case, does it make a difference in your approach?[/QUOTE]
Not much, if any research. Your profession is to help clients who come to you with a problem. If a client tells you that he has legal troubles and needs your help, you ask enough questions to determine if your client really has a legal problem (one for which the courts can grant relief).
Unless the client is not getting his story straight or gives you outright reason to believe that what he says is not true, you accept the case.
If later you find out that your client was not entirely truthful, your effort becomes one of mitigating damages.
But he is still your client. It is not up to an attorney to help the opposing party. You are there to represent your client. Sometimes the best way to do it is with a vigorous approach, and sometimes it is trying to perorm damage control.
It is not an attorney’s job to prejudge. That is the job for the courts.
Rule 11 reads like it is a big deal. But an attorney’s behavior must be really egregious before he is sanctioned. It is one thing to judge behavior with the benefit of hindsight, and another to put yourself in the attorney’s shoes at the time everything is happening.
I do not ascribe impure motives to JB’s attorney. She is doing the job she has been trained and paid to do: represent her client. Not only squeaky clean people wearing white robes and a halo deserve to have an attorney. Life is much muddier and more complex than that.
Easy to be a monday morning quarterback. And irrelevant.