Barbara J Gislason

Lawyers cannot solve every problem that people have, and it is not uncommon for someone to blame the lawyer when they are unsatisfied with a result. Since the complainant did not describe the nature of the representation, it would be contrary to my duty of confidentiality to articulate a very different point of view. Usually, when someone is very angry, there is some degree of truth in the complaint, and accordingly, I will endeavor to be a better lawyer and a better person. We can all benefit from constructive criticism.

It would be inappropriate for me to describe my impressions of my 90-minute meeting with the complainant. Accordingly, the unique challenges of meeting with anyone who has a complaint or concern about a veterinarian will be discussed in general terms. Many who have a complaint or concern about a veterinarian arrive at a lawyer’s office very upset. If there was a dire development or outcome, the individual may have the view that the veterinarian did too little, or too much. They may have a fee dispute with the veterinarian, too. It is customary for a lawyer or veterinarian to obtain an identifier from a prospective client. A lawyer wants an identifier in order to avoid a conflict of interest. The lawyer may be presented with voluminous records and written materials, including difficult to read veterinary records. The individual may want the lawyer to both remember all the facts sometimes loudly and quickly presented, as well as thoroughly read and understand the records. A lawyer may need to help the client get out of crisis mode. Getting onto another topic, even briefly, can help the person be able to efficiently and cost effectively participate in a review of what happened and to participate in a decision making process. One method that works is getting a brief history. Another is engaging in light conversation. A grieving individual may be uncomfortable when asked questions designed to assess whether anyone, other than the veterinarian, contributed to the animal’s injury or death. Perhaps there was a delay in obtaining treatment or a failure to follow the veterinarian’s recommended treatment plan. With fatalities, many times, multiple veterinarians were involved, often at different locations. Some come to share their story and be listened to. Others want to know if the veterinarian is liable (based upon professional duty owed, breach of duty owed, and injury causation), and if so, what the current status of the law is on damages. Others want letters written on their behalf, mediation explored, or lawsuits commenced. When an individual seeks to have their veterinary fees reduced, sometimes, this is a principled position and sometimes, perhaps not. The lawyer may evaluate what kind of witness the individual would make, what information would come out in the discovery process, and if litigation commences, whether the plaintiff could economically meet the burden of proof for liability. Legal fees, expert fees, and court costs may also be discussed. Good lawyers will not take a case unless they believe the claim is meritorious. A lawyer’s willingness to take a case or even write a letter may be impacted by whether they perceive the individual to be a truth teller. While sympathizing with a client who is suffering, the lawyer should give an honest opinion. These are difficult conversations for lawyers to have with people. While many appreciate a lawyer’s honesty and candor, others do not. For those who do not, they should get a second opinion.

Brice, I regret that I disappointed you in 2006 and wish you all the best. Barbara