Originally Published by ForumAsia Magazine, May 2003. Printed with permission of ForumAsia Magazine.

Gladiators were trained warriors who fought bloody battles before an arena at the height of the Roman Empire. They entered the arena as a representative of somebody else, referred to as their master. Their duty was to fight and win for their master. They used different types of weapons. Some used oblong shields, visored helmets and stabbing swords. Others used nets and three pronged spears called a trident. Some use nothing at all. Those who did not have any armor at all were ex~ to blows at all points. Having no helmet or shield to deflect the weapons, no one strike, in vain.

Lawyers are modern day gladiators. They fight battles in an arena called courts. They enter the arena as representatives of somebody else, referred to as client. Their duty is to fight and win for their clients. Unlike gladiators, however, the weapons which are called laws are equally accessible to all lawyers, the difference lies in the skills, knowledge, preparedness and dedication to the client's cause.

Ernesto Aldover is one of the modern day gladiators. He is a Civil Lawyer who earned a degree in economics from U.C. Berkeley. He then went to Santa Clara University Law School for his Juris Doctorate degree where he landed the role of the Editor of the Santa Clara Law Review. To further hone his skills, he went to Oxford University in England to study comparative real property law. He was admitted to the State Bar of California in December 1991 while he sought admission and was admitted to the State Bar of Nevada in 1996. Since his admission to the California State Bar, he has handled all aspects of litigation, including, but not limited to, research, preparation of motions, discovery, deposition for cases related to employment, patent, contracts and real estate matters.

After more than a decade of lawyering, he had come to master the skills that are necessary to effectively advocate for a client in any facet of negotiations be it arbitration, mediation or a full blown jury trial. He had also represented a gamut of clients. He tried cases as a plaintiff's counsel while others as defendant's counsel. He represented manufacturers in product liability actions, insurer in bad faith and subrogation litigation, acted as coverage counsel on construction defect claims, developers and contractors in multi party construction development, construction site injuries and premises liability. After having mastered the art of lawyering from large law firms, he felt that he was ready to be on his own. On July 7, 2002, he established the Law Office of Ernesto Aldover.

Based in Torrance, California, the Law Office of Ernesto Aldover represents clients in matters involving business negotiations, documentation of business, real estate sales, loans, promissory notes, mechanics liens, liensecurities, construction, commercial leases, insurance coverages and contracts. Recently, he was able to obtain a judgment on behalf of an elderly client whose son had obtained control over his person and his business through power of attorney. The son had placed the father in a nursing home and taken over the family business. The son also assumed control of the family trust worth several millions of dollars. Mr. Aldover was able to convince the judge that the son was improperly in control of his father's person and assets and that the son had been making improper distributions of trust assets to himself. Another interesting case he had handled is a dispute in San Diego on behalf of a bank which had been in a long term lease at a site which, unknown to them, had an extreme rat infestation problem. It was so bad that even after the bank spent thousands of dollars to get rid of the problem, they would still find rat droppings on the desks not to mention the awful smell of those that had died in walls and which could be removed unless the walls were torn down. The bank won a judgment for a complete clean up plus all expenses incurred. Those are but two of the cases that come across his firm. He explains how each case has its own twist, even the most "run of the mill" business disputes.

He further explained that he had all kinds of cases from a few thousand dollars to one in excess of $6 million but so far, none sticks out to be considered the case of his career. He says, however, that the case for the elderly gentlemen (with the greedy son) had been the most gratifying. In addition to the surprising twist and turn of each case, Mr. Aldover finds excitement in trial because of the need for preparation and strategy. A trial lawyer must be very well prepared to be able to make decisions on the fly. Part of the preparation is focus. Trial is the time when a lawyer must concentrate exclusively on the proceedings. All other issues must be set aside. Another aspect he enjoys about trial is strategy. Indeed, a trial lawyer must be creative and resourceful to be effective. The resourcefulness and creativity of a trial lawyer are manifested through how he presents his case. Part of the strategy is to cover all areas. No stones must be left unturned otherwise the opposing counsel will seize the opportunity and it may lead to the demise of one's cause.

Although Mr. Aldover generally enjoys trial, the one thing that he dislikes about it are the unprofessional counsels. He says there are trial attorneys who insist on name calling and making the proceeding a personal grudge match against attorneys. As a result of the grudge match between attorneys, focus is taken away from the case. Taking focus away from the case does not bring the parties closer to resolving their disputes; very often, needlessly cost a great deal more in attorney's fees for both sides. Over my more than a decade of practice I learned to stay focused on the case and not let myself become drawn in to this kind of spitting contest. That does not mean I enjoy dealing with this kind of attorney. I just have to constantly remind myself what it will feel like after I have obtained a good result for my client despite their antics.

Asked what he thinks about the American legal system, he has this to say, "The American legal system is a good system, but it has its flaws. While it allows parties a forum to redress wrongs committed against them, it is too expensive for many individuals and smaller companies to obtain competent legal counsel in a non-contingency fee type of case. There are many people in our community who have no voice in the courtroom. A lot of them have righteous claims but they cannot afford proper representation. I would like to be in a position where I can afford to take on some of their cases. I look forward to playing some role, albeit small, in giving voice to some of them."

Like a true modern day gladiator, Ernesto Aldover enters the courtroom fully armed with skill and knowledge of the issues. He comes armed with his thoroughly prepared affirmative evidences and rebuttal arguments. With the necessary equipments to deflect the attacks of the opponent, he shields his client's case from blows leaving the opposing counsel striking in vain.