Serving on a Gut-Wrenching Case

By Beth Flansburg, Legal Communications Consultant & Brief Writer

Every trial lawyer has her/his list of gut-wrenching cases. This is one of mine. I served as a legal communications strategist, writing and editing a brief. It wasn’t standard fare. It was horrifying.

Rachael and Heidi McFarland had always dreamed of adopting a baby. Their dream came true when they met a young woman who had decided to put her baby up for adoption. The 3 of them bonded and the mother agreed to the adoption.

The McFarlands were with baby Gabriel when he was born, cut his umbilical cord, and took the swaddled babe home from the hospital.

Their joy was cut short less than 2 months later. The mother had changed her mind, and the biological father was now involved. Gabriel was returned to them ... and was killed by the father.

Devastated first by losing their baby, and then by discovering his tragic end, the McFarlands eventually sued their attorney for legal malpractice in connection with the failed adoption – the only remedy they had under the law.

The case proceeded to trial. After weeks of testimony, a $3.2 million verdict was rendered in favor of the McFarlands. The case was appealed and I was asked by the McFarlands’ attorney, Roxanne Conlin, to help write the appellate court brief.

Over the course of a few weeks, I read through dozens of trial transcripts, hundreds of exhibits, and arguments regarding jury instructions, among many other issues. I then sat down to write the statement of facts, weaving together the facts of the case with the law.

I am grateful to have been able to serve the McFarlands and Roxanne’s team. My work allowed the lawyers to focus on the needs of all their clients while seamlessly running their office.

Contact me at Flansburg-Sivell Communications. I help the legal community by saving time, money and the knowledge that they’re doing all they can for their clients and their firm.