Carolyn Elefant Attorney at Law

"An American Attorney from Hell"
When Lawyers Make Mistakes
Carolyn Elefant
Special to
February 07, 2005
<< Advice from the 'Expert'

All lawyers make mistakes. Some mistakes are minor, but others have serious consequences. But what many attorneys lose sight of is that the mistakes themselves don't matter. What does is what lawyers do -- or don't do -- to correct them.

When attorneys discover that they've made a mistake, lawyerly instincts usually kick in: They rationalize that the error is harmless, use argument skills to deny that a mistake has been made, or, as every good witness is taught, refuse to own up to the mistake unless and until the issue is raised by someone else.

In addition, because the obligation to protect client confidences forces lawyers to learn secrecy early on, many attorneys are naturally inclined to conceal their errors. But while acting like lawyers serves clients well in an adversarial process, lawyers don't serve themselves -- or their clients -- when they apply these instincts to addressing errors. Ignoring, rationalizing or concealing mistakes only compounds them.

Sometimes lawyers will make an argument that sounds good at the time, but after reading opposing counsel's papers, realizes it was a mistake. Of course, most lawyers don't like to admit they're wrong (particularly after an opposing counsel pointed out the error), and instead prefer to pursue an erroneous position rather than concede. Sometimes lawyers get so caught up in refusing to concede that they argue tangential issues and never reach the meat of their argument because they are so adamant in refusing to give in on minor points. Not only does this kind of strategy waste the court's time, but by employing such a tactic, the attorney runs the risk of losing credibility with the court -- which does not serve the client well.

The moral here? If opposing counsel or a judge points out a mistake, admit it when it's appropriate to do so, and move on. -- By Carolyn Elefant Attorney

Now come on you American law fraternity how can you listen to the 'crap' coming out of this Washington DC Attorney's arsehole. First of all the price you people charge your clients surely they expect perfection and no shoddy under the table lies and cover-ups.- Five years ago Carolyn Elefant told everyone that all lawyers make mistakes and cover them up because you have not got the 'Balls' to put your hands up. The basics of what she is saying is, you all tell lies.

The saying goes; "It takes a thief to catch a thief", who have you got here 'putting you on the right road'?- Clearly this one giving you advice must be the 'expert' in "how to tell lies when you don't know you are telling them" because of her incompetence in the field of information gathering, possibly caused by a touch of dyslexia, Ms Elefant has published lies and defamatory content about the website SolicitorsFromHell.Com on the Internet and doesn't even know she is doing it, I wonder when it gets through to her she will have the 'Balls' to put her hands-up and acknowledge it. If she does I will certainly tell you all about it.

Confirmation that a complaint has been sent to the Washington State Bar Association Click Here .

Elefant in a Teacup - ------ Yankee Doodle Dandy - -------- No.1 Crap Blogger

This 'Elifant' Tells Lies