What 5th Grade Vocabulary Can Tell Us About the Practice of Law – Part I – ‘Aggressive Protection’

The other night I was helping my 5^th grade daughter with her vocabulary homework. Part of her lesson was a "fill in the blank" section that tested her ability to use her words in a sentence. It caught my eye that the sentences were all about the practice of law. This entry is the first in a series of posts that will address those sentences and what I think they mean in the context of my own experiences as an attorney.

The first word my daughter had to use was the word "aggressive." After she filled in the blank, the sentence read like this: "It is a lawyer's duty to act in an aggressive fashion in order to protect the interests of his or her clients. Trial lawyers especially cannot afford to be timid or shy." I completely agree with the authors of the vocabulary textbook on this concept. I believe as a trial lawyer my clients have the right to expect that I will aggressively protect their interests at all times, guided, of course, by the limits of the law and the ethical rules designed to ensure that the system is fair to all involved. This aggressive mentality is why we say at Bordas & Bordas that we are "Fighting for Justice."

What I found most helpful about the vocabulary question, however, was the word "protect." It seems as though many believe that lawyers are out to create trouble where none exists. The truth of the matter is that before someone even comes to an attorney for help, something significant has happened to them out in the world. Perhaps a loved one has died at an understaffed nursing home. Perhaps their family is being taken advantage of by a gas and oil company. Perhaps their insurance company is not making the payments they are obligated to make. It's only then that people come to us for help, to see what their options are, and to seek protection. We are lucky enough to live in the greatest country in the world with the greatest legal system in the world. Our laws exist for the protection of all of us as citizens. At our best, even the most aggressive trial attorneys serve to protect our clients and the rights that have been given to them by our legal system.