Q: In our case, we have a good lawyer. He has said to us, more than once, “I am a plaintiff’s lawyer. The defense lawyer has a different mentality, and is just doing what he is trained to do.” We are wondering, just what is a plaintiff’s lawyer?
A.B., Compton
A: The plaintiff is the party who brings the lawsuit. This typically means the plaintiff is the one making a claim, and seeking a remedy of some kind (often monetary damages). So, you could say a plaintiff’s attorney is the lawyer who is representing the pursuer or the accuser, and the defendant’s attorney is the lawyer seeking to shield or protect the other party (the defendant).
I am often on the plaintiff’s side of the aisle, more so than otherwise. My mind set, and how I think out the case, the strategy, the timing, decisions on who to name, what claims to make, what discovery to seek, all are impacted by virtue of what I have come to learn and experience over the years on the plaintiff’s behalf. It is indeed notably different from the defense lawyer, because I am trying to recover something, or obtain an order requiring certain conduct, or, bottom line, “seek justice” for a victim. The defense lawyer is trying to impede, if not block and defeat, my efforts.
Being a plaintiff’s lawyer can manifest in your tone of voice, even your outfit, as well as who you have on your team, what advice you provide the client(s), and how you go about pursuing the matter. Bottom line, the plaintiff’s lawyer is seeking a recovery and is on the offense, whereas the defense lawyer is focused on shutting down the plaintiff’s assertions and reach. Different objectives, different game plans, in many respects.
Q: I am the victim of an assault. The other party is falsely claiming I instigated the incident. There is a witness, thank goodness, but she is a good friend so perhaps her testimony will be met with some question of bias. How best for me to conduct myself on the witness stand?
R.Y., Redondo Beach
A: Different lawyers may well provide you with different responses to this question. In my view, the most effective witnesses are those who do not act, do not engage in histrionics, and do not try to outsmart the other lawyer.
Time and again (in my experience) the best witnesses are simply being themselves. A credible, good witness does his or her best to be poised, courteous, attentive and responsive (without volunteering information). Putting on false charm, dressing up in some excessive manner, or thinking that a lot of rehearsing is key are not (in my experience) the path to being a good, effective witness. I know it is much easier said than done, under the circumstances, but just be yourself. And be strong. It can be nerve wracking to testify.
In sum, do your utmost to do yourself a courtesy — be your own support. Be yourself. You know the truth. If the other lawyer flails away, the trier of fact will be able to tell.
If you can have in mind a way to keep yourself calm, or give yourself time to respond to questions, that may help.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Source: Orange County Register
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