Caring is an important element of handling an appeal

Last week I appeared before the Fourth Appellate District, Division Three of the Court of Appeal in Santa Ana.  This is my favorite court and I appear here more than anywhere else.  I know each justice personally and attend business functions where we socialize and talk - about things other than my cases!  It would be great to think that appearing before these justices would be a comfortable experience.  Not so, at least for me.  No matter whether I am appearing on a BIG appeal or a little one, or even I feel like I have an excellent chance of winning, I still get nervous just before "show time."  I feel the pressure of wanting to do the best job possible for my clients.

As I was waiting for the courtroom to open, I met up with an attorney who had previously pposed me on an appeal years before.  He is primarily a trial lawyer and doesn't often appear before the Court of Appeal.  He told me that these appearances really make him nervous.  He thought I should be very comfortable going forward with my argument.  Wow!  I was thinking that he is in court all the time and faces a judge, and quite often, twelve jurors.  My perception was that he should be more relaxed in facing three justices.  Interesting thing about perceptions.  We are often wrong.

As we talked, I told him my theory that an attorney can never completely eliminate that nervousness.   I think we get nervous because we care.  We might know how important a successful appeal is to our clients and we believe we are on the right side of justice.  Maybe the nervousness keeps us alert.  Of course, I don't want to ever get so nervous that I can't think on my feet.   (No, I am not ignoring those situations when attorneys get nervous because they aren't prepared.)  

That brings me to the very point that has been on my mind.  In the last few weeks I have received inquiries from potential clients.  They try to fill me in on what happened at trial but a common complaint has surfaced.  Many of these clients believe their trial attorney didn't really care about them, was not prepared, and would not listen to their input.  These attorneys were inpatient when the clients made suggestions or asked questions about the trial.  The clients felt as though the attorney was handling the case to make money, and for no other reason.

Even though attorneys might occasionally handle cases on a pro bono basis, I cannot fault an attorney who has to consider making money to pay bills and put food on the table.  I don't even think clients believe we should act solely out of charity.  But . . . I think they are entitled to be represented by an attorney who genuinely cares about their case and demonstrates that concern.  Whenever I take on a case, I have to ask myself if I care about the client's situation.  If I don't, then I am not the right attorney for the job.   Every attorney has decide if they can represent the client with commitment and caring.  If they can't, turn down the case and let someone who cares handle it.

These days, people are so disillusioned by the world around them.  Times are tough for a lot of them.  They feel betrayed on so many levels.  Finding someone who is honest and cares about their case is very important to them.  On the flip side, winning a case that you honestly care about, knowing it will help your client, is more fulfilling than winning a case where you don't.   Hearing a client's problems and forming a relationship with him or her is all about making an important connection.  That should include caring.  And letting your client know you care.