MANY WORKING MEN adopt a line of conduct which seems to necessitate their being branded as malingerers; but so to characterize them should never be done only when prepared with incontestable evidence of fraud.  However confident you are that the plaintiff is grossly exaggerating, is untruthful, and is attempting to deceive the Court, it is unwise to allege malingering unless it can be proved up to the hilt. Nothing pleases the plaintiff’s counsel better than for a medical witness to use the word malingerer, for he knows that he can then appeal to the class prejudice of the jury.