Bitter sweet

I remember so many times my dad would tell me, "The system isn't perfect but it's the best one we have." And my response would be: "well then, why doesn't someone fix it?" He'd look down at me with a smile and ruffle my hair. Sometimes he'd tell me that someone far wiser than him would have to work out that solution... And other times he'd tell me that sometimes there are problems without solutions.

I became a lawyer because I wanted to help people. I actually wanted to do criminal law once upon a time...fight for the wrongfully accused and all that. But things don't always turn out as planned. I've been very firmly entrenched in the world of corporate litigation for years now...

I was happy to escape from the personal injury department. Every so often, they suck me back in when they need help and I need the hours. This case I've been working (and bitching about) is a boat case. The defendant buys a new boat and invites my client out for a spin the next day. My client gets on the boat a healthy, active, vibrant 54 year old. She got off with a broken back.

The 30 year long friendship was ruined. She can barely lift five pounds now and her job involves moving and rearranging furniture. At the end of the day, she's just completely wasted and in so much pain.

Our case imploded mid-trial. Our expert sucked on the stand and ended up conceding that he would have done the same thing as the defendant if confronted with the same situation. (It's hard to prove negligence when your expert says that.) It was also clear that the judge liked the defendant.

I couldn't wait for this trial to be over. I was desperate to get back into the office. To deal with my own clients. To be back in the land of business disputes and construction litigation.

But I didn't want the case to end like this. The client spent all weekend freaking out that she'd wind up with a broken back, getting nothing and owing us our litigation costs. So the case settled. The entire settlement goes to reimbursing the firm for the costs it fronted. And the client nets nothing.

I feel so badly for her.

I know she'll be fine. She's a survivor and has been through so much. This will be one more thing she overcomes in her life.

But at the end of the day, I have to wonder...did we really help her? Or was this just an example of how lawyers, despite having the best intentions, sometimes make a bad situation worse?