Section 1.10 Attorney’s Motivations

• Library: App Ct Prac 2015 Supp

2. (§1.10) Attorney’s Motivations

As a professional, a lawyer must know that it is never enough to justify an appeal that the case was lost at trial. Attorneys should—and often do—coolly evaluate the case and determine the propriety and wisdom of appealing. Members of this profession should be honest with themselves about their own motivations.

Certainly, the lawyer’s financial self-interest may be adversely affected by a judgment or dismissal. But counsel must put the client’s interest first and give advice that primarily considers the client’s goals and resources. This advice may even conflict with counsel’s self-interest. Almost all lawyers will put the client first. The difficult part may be for counsel to honestly admit that they

have a self-interest that could come into play. Once this is recognized, the responsible counsel can and does deal with it.

The attorney who loses at the trial level may share in the client’s sense of humiliation. Lawyers should also be aware of their own wounded professional pride. Each time counsel begins a trial, counsel believes that he or she could win, should...