Talked with Defendant's Lawyer

What is the name of your state? South Carolina

Hello,

Background: I am representing myself in small claims court. The Defentant has hired an attorney.

I had to call their attorney to schedule something we have to do prior to our court hearing. In the course of this conversation he became quite animated and started to tell me things that were helpful to me as someone who doesn't know the legal ropes.

Then he let it be known to me their angle on this case and what they are intending to do in order to win.

Is this unusual? I now know what I have to be ready for, and the information sounds quite logical to me so I think it is probably genuine.

Thank you very much. Just curious.

Esther Williams said:

What is the name of your state? South Carolina

Hello,

Background: I am representing myself in small claims court. The Defentant has hired an attorney.

I had to call their attorney to schedule something we have to do prior to our court hearing. In the course of this conversation he became quite animated and started to tell me things that were helpful to me as someone who doesn't know the legal ropes.

Then he let it be known to me their angle on this case and what they are intending to do in order to win.

Is this unusual? I now know what I have to be ready for, and the information sounds quite logical to me so I think it is probably genuine.

Thank you very much. Just curious.

Click to expand...

He might be telling the truth, he might not. But look at it this way -- if they have facts on their side that prove their case, it may not really matter what your side is anyway, so it does no harm to tell you. Although "trial by ambush" is what typically happens on TV and in books, it rarely happens in real life.

Sounds like he's very confident in his case. I really doubt you're being ambushed - all you can do is present your side of the story as clearly & honestly as possible. You can't alter or change the truth based on what angle the defense takes. The judge will ultimately decide based on the facts presented.

Esther Williams said:

What is the name of your state? South Carolina

Hello,

Background: I am representing myself in small claims court. The Defentant has hired an attorney.

I had to call their attorney to schedule something we have to do prior to our court hearing. In the course of this conversation he became quite animated and started to tell me things that were helpful to me as someone who doesn't know the legal ropes.

Then he let it be known to me their angle on this case and what they are intending to do in order to win.

Is this unusual? I now know what I have to be ready for, and the information sounds quite logical to me so I think it is probably genuine.

Thank you very much. Just curious.

Click to expand...

It is not that unusual. Most cases -- over 90% in fact -- settle before they get to trial. In order to settle, one side has to convince the other side that there case is stronger. Hence you start talking to the other side about what facts you have and what you are pressing for and why you will win. Not to mention in a civil case you disclose most of it unless it is last minute at status conferences and settlement conferences and pre-trial hearings. By the time you get to trial you already know the other side's evidence, witnesses, and can usually determine the theory of the case. In a criminal case, the prosecution is REQUIRED to disclose everything.
I am involved in a case right now where the other attorney and I have had quite a few conversations where the gist is -- this is what we have, this is the case law and this is what we are willing to settle for. lets talk.