Switching Sides And Finding Your Soul

I used to be a cruise line defense lawyer. 

In 1996, I tried my last defense case, for Dolphin Cruise Lines.  The cruise line was sued by a crew member who slipped and fell on a wet floor of a photography room on the S/S Oceanbreeze.  He underwent back surgery and returned to his home country unemployable.  The crew member's lawyer asked the jury to return a verdict of over $1,000,000.  But after a six day trial, the jury returned a defense verdict on the Jones Act, unseaworthiness and failure to provide medical treatment allegations in my client's favor. 

Defense lawyers are suppose to be happy when they win a case like this.  But when the jury returned to the courtroom and the foreperson smiled at me, I felt uneasy.  Yes, the cruise line's Rock - Balance - Whistler - Canada head of risk management sitting next to me was ecstatic.  And the cruise line's underwriters I reported to were pleased that I kept their money safe. 

The defense verdict was upheld on appeal, with the appellate court writing an opinion which explained how effectively I cross examined the crew member and his fact and expert witnesses.  I was a zealous advocate for my client, no doubt.  I had soundly defended the biggest name in Miami who represented crew members. 

But I didn't like the praise for winning the case.  This crew member deserved better.  His lawyers were unprepared and did, at best, a less-than-average job trying his case.  I understood that the verdict left the disabled crew member with nothing.  He had no means to support his wife or three children.  Sometimes I would awake in the still quiet of the night, wondering what I was doing. 

One year later, I turned my cruise line cases back to the cruise line and its underwriters.  I opened my own law firm, advertising that I represented only people injured on cruise ships.  But I had no clients, not a single passenger or crew member to represent. 

This was the most liberating feeling I have ever felt. 

When I win cases today, I don't have mixed feelings.  And I have never slept better.  

I know that I'm on the right side of the fence - trying cases against lawyers who awake in the dead of the night wondering what the hell they are doing.    

 

Photo Credit:

Jim Walker    Rock Balance - Whistler, Canada  August 2010

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Comments (6) Read through and enter the discussion with the form at the end
José Godolphim - January 21, 2012 7:41 AM

thank God there are still lawyers with character and dignity, say more, even though there are still people with these qualities, qualities which are unfortunately esssas endangered today, where money buys everything and everyone.
Congratulations.

sef foruma - January 21, 2012 8:45 AM

Thanks for sharing, I had no idea you were at the other side. I guess that without being there, you would not have been as experienced as you are now.

Eric Rappe' - February 12, 2014 10:43 PM

I for one am SO glad you did!

Louease - February 12, 2014 11:06 PM

thanks for sharing,glad ur on our side!

tinikini - February 13, 2014 9:30 PM

AWESOME JIM!!! Nice to know some background. No wonder you are so well rehearsed. I so enjoy this site!!!

Julie Spinner - February 22, 2014 12:02 PM

Here's to hoping the rest of corporate America will have the same moments of contemplation in the still quiet of night. Bless you for everything you do. We need more more like you.

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