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LITIGATION LESSONS
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Winning before trial
he Trial, by Franz Kafka, tells the story of but that’s not what this article is “K.” — an innocent banker who is arrested about. Sometimes, you do everyby officials of a totalitarian government and thing right and you still get sued. charged with vague crimes under invisible law. That’s what this article is about. K. endures a hopelessly unfair pre-trial process This article is about how we can and a trial before an all-powerful court. He is convicted by work together to play offense when the corrupt court, despite his actual innocence. He is trans- you are sued. Our goal as your Colin Jorgensen ported out of town by the arresting officials and executed in lawyers is to win each case, and Risk Management the name of the law. By the end, K. doesn’t even resist his do so as quickly and painlessly as Litigation Counsel fate because he has been rendered completely hopeless by the possible. You can help us win your unfair prosecution and trial. case by following a few simple steps The frightening tale of The Trial stands in such stark contrast when you find yourself served with a lawsuit related to your to the American judicial system, which is fortified with con- work in county government. stitutional guarantees like due process, burdens of proof and First, as you have probably heard us say before (because it evidentiary standards equally applicable to all parties, the right is so important), always notify us immediately when you are to counsel, and the served with a lawsuit. right to a jury trial. Even if it is the most But even a perfectly bogus lawsuit you’ve designed justice sysever seen, your laws your lawyers at AACRMF, it is our job to defend you tem can be imperfect yers need to review it in practice. Our briland if it falls under within the judicial system and secure the best result we liant system produces AACRMF coverage justice in most cases and we will reprecan in any given case. We represent you in civil cases in which — but justice cannot sent you, we need be guaranteed in all to file a response to county governments and/or county officials are sued as defencases at all times. the lawsuit on your As your lawyers at dants. We cannot change the facts of the case, or the law appli- behalf. A defendant AACRMF, it is our has a very short time job to defend you to file a response to a cable to those relevant facts. within the judicial lawsuit after service, system and secure and when a defenthe best result we dant fails to do so, can in any given the penalty is harsh case. We represent you in civil cases in which county govern- — default judgment, which basically means the plaintiff wins ments and/or county officials are sued as defendants. We can- without having to prove or do anything. I’m hard-pressed to not change the facts of a case, or the law applicable to those think of a greater injustice than a default judgment in favor of relevant facts. We can help you play defense against a lawsuit, a plaintiff who files a meritless lawsuit, but that is exactly what within the confines of the facts and the law. You might think happens if a defendant is served with a lawsuit but fails to reof us as your defensive coaches. But you — the public servants spond. Send the lawsuit to us immediately. Let us get to work who are defendants in the lawsuits we endure together — are on your behalf right away. (Side note: please do not accept the players. service of lawsuits on behalf of ex-employees who no longer It goes without saying that the best way for you to play de- work for the county and independent contractors who work fense against liability in our courts is to follow the law and in county facilities but are not county employees). follow the policies of your agency. Take your training to heart, Second, in all cases, regardless of merit, we will save a lot of be honest and fair in your actions, and adhere to best practices time and heartburn over the life of the litigation by taking care such as documenting use of force incidents and employment of certain business right away. We will send you detailed letactions in the workplace. We offer countless trainings, and we ters about this early phase of the case when you notify us that make ourselves available to advise you about best practices — you’ve been served with a lawsuit. But in sum, you must take
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