Advocate May14 issue2_Advocate template 2007.qxd 4/21/2014 12:26 PM Page 84
We Solve the Medical Mysteries So You Can Solve the Case! Diary — continued
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wrote down his number. I’ve had crappy verdicts on cases just like this. The toughest part of the defense closing was sub rosa footage in eight different windows on the big screen all playing at the same time over and over again, of our client two days before lumbar decompression surgery, looking normal, delivering pizzas, doing crunches and bench presses at the gym, in and out of the car, carrying things, looking like there was nothing wrong with him. While I point out on cross of the private investigator that he only showed six minutes of 40 hours of surveillance, it still stings badly. Now, I am worried about me. My pride, ego, reputation, are all on the line. That is brutal honesty. The other part of me says: Wait a minute, this is what I believe in, the outcome, whatever it happens to be, is what it is, I did my best and I am proud of my team. Proud of myself for jumping into this fight. I’ve been given a set of skills and if I only use them on the cream of the crop cases that I know I’ll win and that will make me a big-timer, then I’m not who I say I am. Or, I haven’t learned as much as I think. It’s now 6:30 p.m. I am at home. The jury deliberated all day and I went home frustrated. The foreperson is exactly who I feared. There was one question and request for read-back of the testimony of our client where he said he went to see a doctor a few days after the accident and defense counsel accused him of not disclosing that during discovery. But, the read-back wasn’t that bad. Our client said he went to a multi-specialty clinic a few days after the accident because he was in pain and they said he needed to see a specialist and that is why he got a lawyer. The defense lawyer attacked him and said “did you tell me that in discovery?” and our client responded through the interpreter “I don’t understand what you mean.” The transcript at that point had the judge interrupting for the morning recess. The defense lawyer moved on after the break, so that was it. Whew!
Diary continues 84 — The Advocate Magazine
MAY 2014