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Credibility -- with Client and Adversary

BY Willard H. DaSilva
July 21, 2004

Most experienced and highly respected matrimonial lawyers will agree that the single most important ingredient to bring any case to a successful conclusion is credibility. But, simple as it sounds, credibility is not achieved overnight. For a lawyer, it takes years of honest candor to develop. For a client, it is simply being fair and honest. It is what makes a weak case strong, and the lack of it makes a strong case weak.

Among the values of credibility is the ability to bring a case to a satisfactory conclusion, whether by settlement or by trial. Credibility is a two-way street between client and attorney. The client must have respect for the attorney's advice; and the attorney must recognize the truthfulness and good faith of the client.

In settlement negotiations, the credibility of opposing counsel and his/her client is an issue: Distrust of positions taken by an adversary is counterproductive. An adverse party who is not believed creates obstacles to the resolution of the issues. In court, the case is won or lost based upon the credibility of one side or the other. A court or jury makes findings of fact based upon the more credible evidence and witnesses. The results of the case are based upon the more credible case.

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