John Adams’ Defending Argument in 1770 Still True Today
When he was a young lawyer in Boston, John Adams, the future second President of the United States, was called upon to defend several of the British soldiers accused of murder for firing on a mob in what became known as the Boston Massacre. Although his sympathies were with the revolution, John Adams won an acquittal for his defendants by convincing a Boston jury that the British soldiers had acted in self-defense and without malice. He told the jury: “Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence...”
So it was in 1770, and so it is still true today. Though far from perfect, American courts continue to serve us as the institution of government than can be most reliably counted on to consider and follow the state of facts and evidence – and to uphold and defend our Constitution and laws – regardless of the wishes, inclinations or dictates of passion of even the most determined, wealthy and powerful among us.
Finding the Facts in Trust and Estate Disputes
Few areas of law conjure up more passions than disputes among family members over estates and trusts. The emotions of decades of disappointing or dysfunctional behavior and relationships can lead to litigation over even the most well-planned estate. In a recent case handled by our firm, where we represented the surviving spouse, the litigation was driven by one son’s inability to accept the fact that his father had chosen to provide primarily for the father’s younger spouse, instead of his children, leaving relatively little of the father’s wealth to the son and his siblings until after the spouse’s death.
In the litigation, the son asserted claims of fraud and wrongdoing against the surviving spouse, and our firm, but his claims were not supported by facts and evidence. His claims, and the passion with which he pursued them, reflected his anger with his father, and had nothing to do with the law and evidence before the court. The trial court denied the claims.
We then moved to recover our clients’ attorneys’ fees and expenses incurred responding to a frivolous motion to disqualify our firm. The Court awarded our clients $90,000 against the son and his lawyers for making claims of fraud and misconduct against the surviving spouse and our firm without any facts or evidence.
It is an unpleasant experience to be falsely accused of fraud or other wrongdoing, but it is reassuring to know that in our courts, facts and evidence still matter. When the facts and evidence we present on behalf of our client win out, it is rewarding indeed.