To sue or not to sue – that is the question. Whether tis nobler to seek justice for every wrong; or suck it up and move on. Now THAT is the real question.
For many attorneys, the sweetest words ever spoken by a client are “I don’t care what it costs, I just want to get the * &%$#*#!” At that point, the attorney usually excuses himself to call his spouse and inform her that yes, in fact, we will be buying the new Lexus after all.
Litigation is very expensive – often prohibitively so. The decision of whether or not to litigate against a perceived wrongdoer is one that must be given thoughtful consideration. Sometimes, of course, you won’t have a choice if you’re the one being sued. But generally, if you’re in a dispute or otherwise feel wronged, explore all viable alternatives before deciding to bring a lawsuit.
When prospective litigants come into our firm for a case evaluation, the first line of inquiry is “Can you win?” (We never answer the question “Will I win” because no attorney in her right mind would try to predict what a judge or jury will do.) If the response to the first question is positive, the next is “Can you collect?” Does the prospective defendant have sufficient assets to pay any judgment that our client is awarded? Will the prospective defendant file bankruptcy in response to an adverse judgment? Unless the first two questions can be answered affirmatively – the client can win and can collect – other options should be considered because litigation is very expensive and will likely be a waste of time and resources.
If the client decides to proceed with litigation, an upfront retainer is collected for time and expenses, a complaint (lawsuit) is filed and the parties are off to the races. As the parties proceed down the “litigation highway” there are many exit ramps. Sometimes attorneys negotiate a settlement directly, or are assisted by an arbitrator, mediator or judge. Despite how it appears in the glamorous world of LA Law, Boston Legal and their television progeny, in the end, less than 10% of cases filed ever are tried in court, because the parties become weary of the burden and expense of litigation and settle or drop their case.
Did I mention that litigation is very expensive? An average one-day deposition costs approximately $4000 – and that’s for each witness! Written interrogatories (questions for the other side to answer) can easily total $2500 in fees. Add to that expert witnesses, trial exhibits, filing fees, etc.
It’s not my intent to discourage readers from pursuing legitimate claims. After all, suing people is part of my job. I like my job and I have two kids to put through college! However, attorneys have a legal, moral and ethical obligation to ensure that prospective litigants know exactly what they’re getting into when choosing the litigation path. And if the case is weak, the defendant judgment proof, the amount in controversy small or the client lacks the physical and emotional strength to deal with what is often a lengthy, roller coaster process, then other alternatives should be considered because litigation – is very expensive.
