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When Your Attorney Does Not Tell You What You Want to Hear

7/1/2012

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It is important that when your attorney says something to you about your case, you understand not only what he/she says to you but also why. Often, you will hear things that you will not be happy about - your attorney might talk about the problems in your case or the weaknesses of some or all of your claims. The attorney might also talk to you about why your version of the events seems to be less believable than the version of the opposite side. If your attorney does not explain to you the reasoning behind his opinion about your case, do not hesitate to ask. Many attorneys (including myself) love to educate clients and explain to them how the law fits into the facts of their case. Most of the time, legal analysis is not a rocket science and you will be able to understand what the strengths of your case sare and what the expected challenges with proving your claims are.

Some clients take their lawyer's opinion about their case personally. When they hear something negative about their case, they start thinking that their attorney is either incompetent or insecure or is unwilling to fight for them. While in some (probably very few) cases it's true that the attorney has improper motives, usually there are legitimate reasons as to why your lawyer would share this kind of information with you - it's because that lawyer has real concerns about your case and he wants you to have realistic expectations about your case and understand the different issues that pretty much every employment case has and many other kinds of cases have. 

You might think that your attorney's job is to fight for you and your case. While this is in part true, you also have to remember that your lawyer's equally importnat job is also advise you about the merits of your case and make sure that the fight you are both fighting is fought most correctly and most wisely in light of the unique facts of your case. 

An attorney who is not sure about your case is probably more trustworthy than someone who is overconfident and who simply tells you what you want to hear.
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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
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  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
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    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case