[PLEASE NOTE: This is not legal advice--the specific fact pattern is true as it applied to a client's case, and ALL cases are different. Your own specific case facts may bring different results due to the fact pattern and thus your outcome may result in a different manner--attorney herein does not have a client-attorney relationship with the reader, and no blog posts or articles by attorney create an attorney-client relationship;all of attorney's past cases are fact based and true but reading attorney's blog is not a solicitation by attorney.] For whatever it's worth, attorney has encountered quite a number of cases where we were able to prevail despite the odds against us; this includes family law, criminal law, bankruptcy cases and civil cases. Perhaps in part due to attorney having a high interest in very challenging cases?.....this post has been viewed 2,805 times...
While most attorneys tend to pride themselves on knowing the law, our job is to either know it or look it up correctly, as laws change all the time. Therefore, spotting issues will require knowing the law but that's just the beginning. If the law is on your side, it shouldn't be that difficult right?
It's the cases where maybe the law isn't exactly on your side, or could be, or there are circumstances and other facts or excuses which can create a different outcome? How does attorney know this? Because it's been seen plenty of times! (Listed here are just several examples but we have more than this..)
In another instance of trial (family law), after cross examining the other party, the opposing counsel suddenly called a recess.
After 7 years of never being able to get a dime out of the ex, who had already filed bankruptcy, my client, having previously used 3 different lawyers, [w/o a good result], ended up contacting attorney herein --- for trial.
The opposing attorney stopped the trial after attorney herein--- spotted a bankruptcy fraud during the trial, based upon the husband's testimony; and husband's attorney offered a combo to wife, of about $23,000 combined cash/property $100,000, and attorney fees of $6,000. This likely meant that if they had NOT stopped the trial, my client would had gotten spousal, but we would have had to chase him forever across the USA to get it. Client elected to take the offer. Because attorney herein cornered the ex spouse on the stand for what appeared to be potential bankruptcy fraud, the rest is history......
In another instance, a civil case trial by a former wife against former husband and girlfriend, the husband had already been convicted in a widely publicized case of homicide in Sacramento (and was on appeal, he lost); the case then went to jury on issue on civil liability as to both husband and girlfriend.
...Keeping in mind husband was already convicted of first degree murder, the jury decided that husband was only 60% at fault in the civil case. I represented the husband who was already in prison, (and had not represented him during the criminal trial in Sacramento, where he used a public defender...)
Normally the civil case has a lower burden of proof, so finding the husband only 60% and not 100% evidently meant, jury wanted to punish the girlfriend because they took 40% and assigned it-- NOT-- to the husband. This verdict was reported in Verdict Search, a national reporting source for large verdicts nationwide. Counsel representing the girlfriend was from insurance defense firm.
Currently, the former wife has not been able to collect much on the verdict [of millions] after paying fees/costs and it is anticipated she will not be able to collect in the future. Very interesting case, which also involved animals (pet dogs) owned by the husband/son. Son was stabbed when father went to check on condition of dogs; father claims son ran into the knife by lunging forward.
Family law and motion--Mediation Report.... Typically, a parent that has had a Domestic Violence TRO filed against her/or her, will not get custody of a child. Client had the DV lowered to just a no negative conduct order, so there was no DV against him. The mediation report was issued about five months after there was no DV, and amazingly, thanks to the parent (my client) keeping super good notes and data, coupled with the bad evidence of the other parent, my client obtained full physical and legal custody!!! He was also allowed to retake possession of the house. It was the most amazing report in favor of the client. The person benefiting from this is obviously the child!!!
In a very unusual scenario, attorney was substituted into a case with a client who did not reside locally; a hearing on an issue Request for Order (presumed to be law and motion).... was set for a date only several days away, at which time attorney believed the hearing could be continued. It seems the hearing was in fact --- a trial (according to Judge) -- and the client was not present and Judge did not want to continue the case. Attorney went forward on the issue, with no witness or client.
Using only cross examination, with 4 witnesses, Attorney actually won the trial--much to surprise of witnesses present and including opposing counsel, who was shocked..........
This is very uncommon, but imagine how your case might work out if attorney can do this, without even having a client or a witness?
Attorney thinks it's fair to say, you would be in fairly good hands. Especially if other attorneys have failed in the past on your case.