Feeling Discouraged by Your Legal Representation?

The Proverbial Questions Concerning Court Cases

Having practiced personal injury law, business law, criminal law and domestic relations law for 30 years, some of the frequently expressed complaints are as follows:

• “why does [something] have to happen?”
• “why does it take so long to . . . ?”
• “how come I cannot get everything that I want?”
• “is that really necessary?”
• “why can’t we just ask for another judge?”
• . . . . and so forth.

The answer to these frequently expressed complaints is that there are rules which all lawyers and litigants MUST comply with.

These rules have been established either by the legislature, administrative bodies/agencies, or by the Courts themselves. They are, ideally, applied to all litigants and their counsel, equally.  Just as significantly, they a not subject to negotiation. However, at times, creative thinking can create options.

Consider the scenario of a motor vehicle accident.

When a motor vehicle accident victim’s own insurance company is demanding sworn statements and documents to support them from their own member. (In this case, that is YOU, the accident victim).  Under their “PIP” or “No-Fault” benefits coverage, your auto insurance company is required to pay your medical costs and some lost wages. More than likely, your insurance company will often you to produce your tax returns and medical records – prior to the accident.

Understandably, this is rather unnerving considering the monthly insurance premium is supposed to secure coverage in the event of an accident. Hence, I often experience enraged clients who demand to know “why am I letting the insurance company do this?”  The answer is a simple one, under everyone’s motor vehicle insurance contract, the insured agrees to provide full cooperation to the insurance company.  This includes providing said financial and medical documentation.

The Courts have long established that the failure of an insured to cooperate with their insurance company will result in the denial of insurance coverage; specifically, the payment of their insurance benefits.

In such instances, the law is the law.   My clients are then faced with a choice to either provide their insurance company with the requested documents or face the loss of their insurance coverage.

As a lawyer, it is my job to understand and know the law. It is my job to provide my clients with the necessary insight of the law and help them to understan their options under the law. In many instances, I will argue various and often creative interpretations of the law.  However, I do not write the laws (unless I am elected or appointed as a Judge).

I am only the piano player, it is not my bar.