Treating Opponents with Respect

The great U.S. president, Abraham Lincoln, was dogged in his pursuit of victory in the Civil War. However, he was gentle in trying to establish the ensuing peace. Confederate officers were allowed to keep their horses so they could plow their fields and try to survive after the horrors and ravages of the war. Additionally, in an act of respect towards his opponents, the defeated officers were allowed to retain their swords and sidearms. They even allowed Confederates who owned horses to keep them so that they could tend their farms and plant spring crops.
Lincoln had the vision – he wanted a united nation, not just a victorious North.

So, what does this have to do with personal injury trial practice?

Abraham Lincoln featured in the majestic statue the Lincoln Memorial, located off Constitution Avenue, NW, Washington D.C.

It seems that defense lawyers often adopt a “scorched earth” policy, where they depose every witness, even if they already have recorded statements and other investigative materials, interrogatories under oath. Despite having most of the important facts, they pursue exhaustive tactics. Moreover, even after a court victory by an innocent plaintiff, they frequently file appeals, much like the guerrilla warfare Lincoln hoped to avoid by being generous to Confederate soldiers. In court, our goal should be to seek the truth.

However, Doug Landau has seen many defense lawyers who seem primarily interested in billing hours and making plaintiffs, their families, their doctors, and witnesses miserable. These opponents often display a lack of respect toward the people they are interrogating.

The law and becoming a lawyer, it’s supposed to be highly regarded as a wonderful profession.
Empathetic lawyers like Ruth Nathanson & Doug Landau do not “hide” behind legal procedures or try to take advantage of witnesses or victims. Doug Landau has seen insurance defense lawyers try to intimidate brain injured clients after a car crash or fall from a height. These witnesses often have a hard time remembering things after a severe concussion and loss of consciousness. Trying to bully them is nothing short of cowardice.

However, Doug Landau often sees lawyers hiding behind the law and their power when interrogating witnesses. People should be treated with respect. The courts, especially their personnel and staff, should be treated with respect as they are not there to serve the lawyers.

Lawyers are there to help uncover the truth and ensure that just decisions are made. When insurance defense attorneys withhold evidence that might assist an injured victim, it tarnishes the legal process. When they hide behind legal stratagems and procedures, people lose faith in our system of justice.

We are a country of laws, and these laws are meant to protect people. No one is above the law.

Experienced and ethical lawyers like Dan Lynch of Richmond (between Lisa Goldman on his right, and Betty Vargas of ABRAMS LANDAU, Ltd., during the VWC Annual CLE Conference at the Convention Center) know that they can win cases on the merits, without resorting to low practices, unsupported denials or delays that can bankrupt an injured worker and their family.

However, when insurance company lawyers, with nearly unlimited budgets to defend cases, can wear an injured person down, disrupt their family life, send them to doctors (not of their choosing), and conduct a “war of attrition,” it leaves a bad taste in the mouth. Even if there is ultimately a verdict in the plaintiff’s favor, such tactics result in people having less admiration for lawyers and our judicial system.

If you, or someone you care about has been permanently injured, no fault of their own, and there are questions about the laws that apply and the best way to present evidence for their case, please 703–796–9555 or email us at frontdesk@landaulawshop.com