Assessing the Star Witness of Your Case
posted on September 1st, 2002 in Screening Cases by clintEvery medical negligence case has a star witness—your client. So, every case evaluation must starts with a candid assessment of your client. What does your gut tell you about this person? That sixth sense that all trial lawyer have must be put to good use in choosing the right client. It is hard to admit, but some people just lack jury appeal. You may have great facts in your case. However, as we all know, the client can irreparably harm the case if he or he is not liked by the jury. You can sometimes rise above the facts of your case, but you can never rise above your client. Always assess your client’s credibility. Some clients are neurotic about doctors and hospitals; some are looking for a scapegoat due to a “bad outcome” or outrageous bill; some just have a personal problem with their doctor that has nothing to do with negligence. Beware of any client who brings you a secret taped conversation with his doctor. I use a client questionnaire as an initial interview form. The questionnaire is helpful in gathering important details for assessing the case. Go with your gut reaction about the client after your first interview. If you have any significant, lingering doubt about the client, then do not take the case.