Stock photo by Wilson Souza at www.sxc.hu
Oftentimes clients come into my office in an angry or disheartened state. They feel they have been taken advantage of, or used by someone, or ripped off. They are usually fired up and ready to go "get" the perpetrator by filing a lawsuit against him or her. They firmly believe that they are right and the other guy is wrong, and therefore, they will prevail in the end - no matter what.
Folks, this is a romanticized and unrealistic view of the law. My guess is that people believe this way by virtue of all the legal shows on television. And they are all wrong.
Ask anyone who has been involved in a lawsuit - no matter whether they won or not - and they will most likely describe a long, depressing, vulnerable, and disheartening experience. Unfortunately, they are all right.
Lawsuits are not for the weak at heart, and here are the five things that you absolutely must know before getting involved:
- Lawsuits are emotionally, financially, and mentally taxing. Above anything else, litigation is adversarial. It's meant to be. Think about it: If everybody were friends and got along all the time, there would be no reason for the law! The law exists to keep people in line and to resolve problems among people. But it's not pleasant. In a lawsuit, parties get emotionally involved, sometimes resulting in anxiety and depression. Lawsuits cost a lot of money. Even the most simple of cases that go all the way to a trial will cost over $10,000.00. And during a lawsuit, you will be asked to provide information about yourself that may be sensitive, private or embarrassing. Most clients literally feel like they've been beaten-up and abused during a lawsuit. I dare to say that if you don't feel that way, then something is wrong with you.
- Lawsuits should be a last resort. Since you just read number 1 above, you now know that you will likely go through a version of hell on earth during a lawsuit. So, to avoid all the unpleasantness, lawsuits should always be a last resort. If there is any way you can work out your differences with the other party, you should. And make no mistake about it - there is always a way to resolve a dispute. The key is that BOTH parties must be willing.
- Lawsuits almost always take a long time to reach any meaningful conclusion. Boy, this is the truth. In litigation, there are very specific deadline that must be followed. Those deadlines stretch out over a year, and are very often extended for a multitude of reasons. In addition, whenever you make a motion to a judge, you enter into a holding pattern where you are literally doing nothing but waiting. For months. Judges in more populated counties usually take longer to rule on motions or call a case up for trial, simply because there are more people and more problems. If you live in a metro area like Atlanta, you can plan to spend at least 2 years in litigation. Very often, you will have to wait even longer. So be prepared for the long haul.
- A lawsuit is an investment. Many people view a lawsuit as their chance for vindication, i.e., their "day in court." They are willing to spend lots of money in order to get something back. The "something" they are after could be more money, satisfaction when the other guy loses, redemption, or perhaps merely an apology. No matter the reason, you are remiss if you don't view a lawsuit as an investment in a particular outcome.
- A lawsuit is a risk. As with any investment, there are risks. If you do not settle with the other side (where you get to make the decision on what the outcome will be) you are leaving the decision-making in someone else's hands. When you do that, you lose control of the outcome. No matter how strong and valid your case may be - you will either win everything, lose everything, or get some of what you want, all because you are letting someone else decide for you. And you will never know what the answer is until the end. Make no mistake about it: a lawyer who tells you he or she can predict the outcome is lying to you.
So there you have it. And it's not pretty. Lawsuits are not pretty. I do not mean to discourage you when you have a real problem that cannot be resolved any other way. I only intend to give you a "reality check;" to let you know what to expect. Only then can you enter into a lawsuit with open eyes.
Posts
Post a Comment 0 comments: