Wishy-Washy Lawyering

13 June 09 Comments on "Advice to Victims," from a friend and practicing attorney: "Actually, the entire advisory was probably insisted upon by lawyers. This classic piece of drivel is what I call 'weak-lawyer-speak' It renders no useful advice, while placing full responsibility for what it euphemistically terms 'negative consequences' upon the advisee! This is typical wishy-washy lawyering. Wishy-washy lawyerly advice goes like this: 'Well, Mr Client, you could do this, or perhaps that, or, then again, any number of other things, and any one of those options can render a 'good' result. But, of course, both you and your case may well end up in the toilet, no matter what you do. Or, the 'Law of Unintended Consequences,' might bring about a third, unknown (but probably bad) outcome. Hence, my advice is to do A, B, or C, or maybe even something else' The part left unspoken is that, no matter what choice the hapless client makes, the lawyer is never to blame for 'negative consequences,' and his bill is to be paid, preferably in advance. Conversely, good attorneys, like good doctors, actually tell the client, in plain English, what he should do and why, without mumbling, paltering, nor sugar-coating. When the client doesn't like what he hears, he may decide to find another lawyer. There is no confusion nor double-talk, and, either way, the client gets good information he can actually use!" Comment: "Life is just as deadly as it looks. Fiction is more forgiving." Richard Thompson /John