There is an old saying that “fools and obstinate men make lawyers rich.” Proverbs like that one exist in nearly every language, and they tell us something real: people often expect a lawyer to be cold, calculating and more interested in the fee than in the person sitting across the desk. I would like to offer a different picture of what a lawyer can be, drawn from the other profession I still practice.
I am Richard Alan Gaudet, a Massachusetts attorney who represents nurses, physicians, social workers and other licensed professionals. I am also a registered nurse, and I still practice, and I have been a respiratory therapist since 2005. Those years at the bedside shaped the kind of lawyer I became.
Why People Distrust Lawyers
The difficulty with being a lawyer is that the lawyer stands at the intersection of money, emotions and knowledge. Clients usually come to us during some of the hardest moments of their lives: a divorce, a dispute over a home, a business falling apart, or a complaint that threatens a professional license they spent years earning.
In those moments, the client is often feeling fear, anger, anxiety or despair, and is looking to the lawyer for help and, quite reasonably, for some compassion. The lawyer, meanwhile, is often working on the other side of the brain, thinking through the applicable law, the procedural steps, the deadlines and the cost of the case. That intellectual work is necessary. But when a lawyer stays entirely in that mode and never notices what the client is going through, the result is misunderstanding and miscommunication, and too often a confused and disappointed client.
Please do not misunderstand me. I am not claiming to be the only compassionate attorney in Massachusetts. Many of the lawyers I have met are caring, client-focused people. My point is that the balance between the intellectual and the emotional does not happen by accident. It is a skill, and nursing is where I learned it.
Nursing Is Hard
Working in nursing is challenging. You must manage the medical side of a patient’s condition, but just as importantly, you must deal with the patient’s emotions. If you doubt that, try calming a person who is restrained to a bed, experiencing delusions and psychosis from a drug overdose, so that you can safely give the medications they need. Or imagine a mother grieving the loss of her child who has suffered a heart attack as a result. How do you care for that person in a way that helps her move forward, follow a medication regimen and stick with her aftercare instructions?
Striking a balance between the hard facts of a patient’s medical situation and that patient’s emotional state is a tremendous task, and it takes a toll on the nurse who attempts it. I will not pretend I always had the energy, time or will to do everything for every patient. Burnout and stress make reaching Florence Nightingale status nearly impossible. The difference is that a good nurse, like a good lawyer, knows that this balance must be struck and feels an ethical and moral pull to do the extra work needed to produce the best possible outcome as often as possible.
Lawyering Is Hard for the Same Reasons
Practicing law is hard work, and it is hard for many of the same reasons nursing is. A lawyer, like a nurse, has an ethical obligation, and in my opinion a moral one, to understand the stress each client is under and to find solutions that actually fit that client’s life. A legal strategy that looks good on paper but ignores what the client can realistically handle is not much of a strategy.
How My Clinical Background Helps My Clients
Compassion matters, but clients also deserve to know what practical difference a clinical background makes. This is especially true for the nurses and other health care professionals I defend in investigations, responses and hearings before their licensing Boards. Here is where my years as a respiratory therapist and registered nurse come into play:
- Reading the records. Many Board complaints turn on medical records, nursing notes, charting and medication documentation. I know how those records are created, what the entries mean, and where a gap or error in documentation may have an innocent explanation.
- Understanding the standard of care from the inside. Scope of practice, delegation and standard-of-care expectations are not abstract concepts to me. I have worked within them, and that helps me evaluate what was actually expected of a clinician in a given situation.
- Knowing the realities of a shift. Staffing shortages, heavy assignments, competing priorities and burnout are part of daily life in health care. I understand that context and can help explain it clearly when it is relevant to a client’s case.
- Speaking the same language. Nurse clients do not have to translate their work for me, and I can communicate with clinical witnesses and review clinical materials without a learning curve.
- Staying calm with people in crisis. A letter from a licensing Board can feel like the ground falling away. Years of working with patients and families on their worst days taught me how to listen, stay steady and help someone take the next step.
I have represented many nurses before the Board, and in numerous cases the matter was dropped. Every case is different, and no lawyer can promise a particular outcome, but early, informed and careful representation can make a real difference. You can learn more about how I approach these matters on my professional license defense page.
The same approach carries over to the rest of my practice, which includes business, family and landlord-tenant matters. Whatever the legal issue, my goal is to pair careful legal work with real attention to what my client is going through.
When a Client Cannot Afford a Lawyer
There are times when a person cannot afford my services and I am not able to take the matter on a pro bono (without charge) basis because of time limitations or other commitments. When that happens, I believe a lawyer still has an obligation to point the person in a helpful direction. Limited assistance representation, legal aid organizations, guidance for people representing themselves (pro se) and other resources may be available, and a good lawyer should be willing to say so.
What to Look for in a Lawyer
I wrote this article partly to explain the kind of lawyer I am, but also to offer a way of thinking about what kind of lawyer to look for when you are facing a troubling legal issue. A good lawyer (and such a thing does exist) is one who can balance the intellectual challenges of your case with the emotional and practical challenges you are living through.
For readers who want the background: I have worked as a respiratory therapist since 2005 and as a registered nurse since 2010. I earned my law degree in 2020, was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts later that year, and I am a member of the Massachusetts Bar Association. More is available on my attorney profile.
Talk With Me About Your Situation
If you are a nurse or other licensed professional who has received a notice from a Board, or you are facing another legal problem and want a lawyer who will listen as well as advise, please reach out. The Law Offices of Richard Alan Gaudet, LLC is located in Middleton, Massachusetts. You can call the office at 978-273-8337 or send a message through the contact page to schedule a consultation.
Disclaimer: The information in this article is for general informational purposes only and is not legal advice. Reading this article or contacting this office does not create an attorney-client relationship.
