Agony of defeat

Sometimes, young lawyers, you're going to lose. I think this is one thing that law school does teach well--after a lifetime of being academically able, sometimes being smart isn't enough. Someone will be smarter. Someone else may not be as quick, but will have a better answer, or even a worse answer presented in a better way. It's often a difficult concept for newbies to grasp, and I have to admit I'm not done wrestling with it myself most days. On a semi-disgruntled Friday afternoon, though, I just wanted to post that thought in case others were banging their heads in frustration.

Point is, don't take it too personally. It's the breaks of the game. Learn from it and move on. Unless you've committed grievous malpractice, and then see a lawyer. By and large, though, it isn't a reflection on an attorney to win or lose a given case. Sometimes the law/facts just aren't there, and sometimes they may be too complicated to be easily apprehended, and sometimes, you just get robbed. In my limited time practicing, I've found that most clients who end up on the losing side appreciate the effort put in and the attempt to represent their interests. They might not appreciate the bill so much, but they haven't been vengeful or angry most of the time. In fact, I've probably had more disgruntled winners, who felt they didn't get enough or it was "so easy" they could have done it without paying for legal counsel. Don't fall into the trap of thinking it's a zero sum game and someone else's success somehow drains lawyering ability from you.