Tag Archives: abuse victims as clients

The Dysfunctional Lawyer, Part 1

“The Cry of Justice” by Frank Varley
Auckland Punch Magazine (1868)

“‘Let us choose justice for ourselves…'” (Job 34: 4).

It takes great courage to flee an abusive relationship, and confront an abuser.

While criminal matters are generally handled through the District Attorney’s Office on the state level and the US Attorney’s Office on the federal level, abuse victims seeking divorce or money damages for their pain and suffering will need to pursue civil litigation.

Civil lawyers can be found who specialize in victims’ rights following rape, child abuse, domestic abuse, elder abuse, clergy abuse, and sexual harassment.

A good lawyer can help restore the abuse victim’s life. A dysfunctional lawyer (or a dysfunctional relationship with an otherwise good lawyer) can delay the process, undermining an abuse victim’s already tenuous confidence.

Abuse Victims as Clients

Abuse victims deserve a dedicated advocate: someone whose honesty is above reproach, who will be diligent in pursuing their case, who will communicate on all critical matters, and whose legal judgment can be relied upon as sound.

Fortunately, there are many lawyers meeting these criteria.

A. Cost

Cost is likely to be the first criteria abuse victims consider, in choosing a lawyer.

Personal injury litigation is usually taken on a contingency basis, for a percentage of the ultimate recovery. What that percentage can be differs somewhat from state to state. Thirty percent for the lawyer is typical.

The legal fees in other types of cases, for example divorce or bankruptcy, are usually calculated on an hourly basis. This can be a challenge for abuse victims, who may not have much in the way of funds.

Legal aid is available across the country, but the types of civil cases covered will vary. Abuse victims should check with their local offices.

Victims organizations like WomensLaw.org and RAINN (Rape, Abuse, & Incest National Network) can be a good source of information. Most bar associations will, also, have referral services with lists of lawyers in various specialties. Often an initial consultation will be free or at a reduced rate.

B. Credentials

Thousands upon thousands of lawyers advertise, online and elsewhere. Whatever claims may be made in ads, victims should remember that lawyers are not superhuman, and that a verdict awarding money damages in their favor (particularly a large amount) is not guaranteed.

Since a lawyer can be instrumental in improving a client’s circumstances, the lawyer’s credentials should be carefully scrutinized, in the same way one might review the credentials of a physician.

Abuse victims will find lawyer ratings available online, but should not rely exclusively on these. Many fine lawyers are never rated. The recommendation of a friend can be as valuable.

C. Questions

For their own well-being, abuse victims should speak up. Continue reading

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Filed under Abuse of Power, Child Abuse, Justice, Law, Violence Against Women