Weinstein Law Blog

Friday, July 29, 2016

The Fundamentals

Within the legal world, experience does not beget knowledge and knowledge does not beget good practice.  While this statement may seem counter-intuitive, it is a glaring truth.  At times attorneys enter into cases that they have no business in.  This is not because they have no experience in the area of law but rather they have no knowledge of the fundamental issues of the case.  Often, it is not directly the attorney’s fault.

This frequently occurs when the client does not disclose all the relevant fundamental facts to the attorney.  Relevant facts as other lawsuits, basic background, or character flaws.  A client may do this out embarrassment, fear or a central lack of trust.  However, this lack of knowledge is more often than not the single most hurtful thing to an individual’s case.  When a client goes through the effort of selecting an experienced criminal defense attorney; experienced civil rights attorney; or experienced trial attorney – it is for naught if that lawyer does not have all the facts. 

As attorneys, we cannot properly represent a client when things are hidden from us.  All the experience in the world is not effective in shielding a client from cold-hard facts. It is a given that any attorney must know the law and procedures relating to a case – but the underlying fundamental facts are crucial.  A fact cannot be deemed fundamental unless disclosed.  However, each and every experienced lawyer should be able to detect omissions or misstatements.  Once you do - you must pursue that lead and find out the truth.  You cannot build a case without knowing what is going on. 

If a client feels that they cannot trust an attorney, they should not hire that attorney.  If a client feels that the attorney is not doing enough for them, they can leave the lawyer.  The same is true for lawyers: if you cannot trust your client, you leave your client; if your client is willfully non-compliant, you fire them.  With experience and knowledge together, you will have enough to win.


If you are looking for an experienced and knowledgeable attorney who is trustworthy and confidential, contact me.


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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.