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A Lawyer can Convert a Bad Case or Deal into a Good Case

Most attorneys know that an intelligent client and an intelligent lawyer, by working together, can rationalize and defend just about anything. This has a great “narrowing effect” in litigation. Cases that might have seemed self-evident and one-sided when the client entered into the attorney’s office may become close calls when one receives the other side’s response. This “narrowing effect” occurs for at least three reasons:

  1. A good lawyer may “change the issue” away from a weaker position,
  2. Lawyers are experts at explaining away bad facts and focusing on and turning a few good facts into powerful arguments; and
  3. Judges and juries can only know the “truth” as they hear and perceive it. Sometimes, the “real truth” gets lost in the system because the judge or jury does not completely understand what happened nor its consequences. Or the judge or jury is overcome by a good lawyer’s marshaling of the facts and prejudices into a persuasive argument.

Lawyers know this. Transaction lawyers in a strong bargaining position and litigators with a strong case recognize that a good deal or case may go downhill because someone did not grasp the real truth of the situation. A bad deal may be improved by the lawyer’s subtle revisions of the contract.

For these reasons, with a little luck and a good attorney, even a bad deal may be salvaged or improved and a bad case won or settled on favorable terms. An important point here is that sometimes “winning” is achieving a much better outcome than the worst case scenario.

In some cases, however, the evidence is so clearly against you (e.g. a collection suit on a promissory note) that your attorney’s goal should be to get the best settlement terms possible. Beyond that, the attorney may just “running up the clock” to increase the size of the bill. An ethical attorney will advise you about this.

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Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

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Brian K. Stanley
Of Counsel

Attorney Brian K. Stanley has more than thirty years' experience practicing corporate and business law. Brian also worked for Sandra Day O'Connor in 1976-1977; Formerly with the Phoenix firm of Jones, Hunter & Lerch as of the dissolution of that firm in 1979. (Also Member, Law Office of Brian K. Stanley, PLLC).

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Janae Ashley Perry-Meier
Associate

Janae Perry-Meier is a business and commercial law attorney focusing on international business. Janae handles both transactional and litigation matters, including: forming your business, drafting your contracts, franchising, business disputes, business divorce, mergers and acquisitions, private placements, securities compliance, and corporate governance. Janae also handles trademark registration, office action responses, and infringement cases.

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Michael David Malin
Associate

Michael Malin has been a practicing attorney in Arizona since 2013. He has represented clients through all stages of litigation. Prior to joining the firm, Michael litigated cases involving professional negligence, insurance bad faith, dram shop liability, personal injury and wrongful death, Indian law, probate, and criminal matters. Before attending law school, he worked for several startup companies in the then-nascent field of smartphone and tablet application development.

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Natalia Beard-Artemieva
Attorney

Natalia (Natasha) Beard-Artemieva has been a practicing attorney in Arizona since 2014.

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