Thursday, April 4, 2013

What Three Lawyers Said

     1st Lawyer:

        "There's been no word from the government on your case.  I don't know what's going on.  I can't believe it's been so long.  This is highly unusual.  Maybe the case will just go away."

     2nd Lawyer:

        "The case isn't going to 'go away.'  Something has to happen.  There is one of two scenarios you can expect.
        "The first scenario is that the government has a really big case against you, and it's taking a while because it's so big.  But you'll be indicted, eventually.  That's when you'll need your two lawyers big-time, because as soon as you're indicted, there will be a 'Complaint.'  This is legal jargon for the charges against you.  Then your lawyers put their heads together and sort out where the government's case went wrong.  They write it all up, and present it to the Court in a 'Motion to Dismiss.'  If the court sees fit to dismiss the case, it's all over, unless the government decides to appeal it.  But the burden of proof is on those prosecutors and agents, because if they don't have a strong case, and it can't be defended, they've wasted a lot of money and look pretty bad.
        "I have trouble believing this first scenario, because it never takes this long for the government to show its cards.  Well, maybe in huge cases, like the ones against hospitals or big, national, corporate medical groups, where there are thousands of doctors and a great deal of discovery.  But Colasante Clinic?   With three thousand patients?  Why is it taking so long?  Probably because they don't have evidence that will hold up in court.
        "The second scenario is that the government agents have done their investigation by now, and have a lot of little bits and pieces, which they like.  But they can't connect the dots, so to speak, and therefore can't make a credible case against you.  They are holding off on doing anything, hoping that somehow they can consolidate a case, but it's been a long time.  In this kind of situation, the government may try to get you to settle, in order to make the whole thing go away.  They count on your relative insolvency, compared with government assets, as a factor in your decision to settle with them.  That's when we try to strike a deal, which means giving them money."

     Third Lawyer:

        "You've got to be kidding!  Nothing's been done in this case?  What's the problem?  Why aren't you filing something?  Why isn't somebody doing something?
        "You need to sue the government for damages.  Look what's happened to you!  It's time to stop playing defense, and get yourself on the offensive.  Quit feeling bad about the injustice of it.  Quit moping around.  It's been long enough!  You haven't done anything to deserve this.
        "Get yourself out there and sue the bastards!  You need a lawyer who will calculate your losses, including future earnings, since your clinic was hobbled to the point of non-viability and non-profitability because of the government's raid and the adverse effects of subsequent publicity.   You need a lawyer who will file a lawsuit against those jerks.  You need to let them know you mean business!  Your business and your career have been ruined!  Sue for damages!"


  1. I like the spunky ‘Give ‘em HELL kid’ attitude of the third lawyer.

    I wouldn’t give a bully my lunch money! I think the second lawyer’s advice would better suite a guilty person but seems inappropriate for an innocent person to even consider. It is likely that the prosecutor is hoping that you’ll just go away and let him keep the money without a fuss. He could be thinking, ‘why won’t she just let me keep the money for all the time and trouble she’s caused me. Possession is nine tenths of the law, after all’.

    The first lawyer’s assessment will likely prove correct. The prosecutor will just let the problem time itself out. You’ll have to request release of your money from the court and travel to a warehouse facility located in the most inconvenient place if you want to collect records, hardware, and supplies. The clerks will roll their eyes at your ridiculous request to retrieve junk that old, I’m just surmising from personal experience.

    Here’s a thought for you: I received a notice for Federal jury duty. Our group was asked if anyone had ever been arrested for a felony. I raised my hand. I joined the prosecutor and defense attorney at the bench after I was waved up there. The judge asked me what I had been arrested for and what was the outcome. I told him my case was dropped due to no evidence. The defense attorney smiled and circled my name and the prosecutor frowned and scribbled my name off his list. I am obviously too wise to his ways. Then I was dismissed.

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