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Tue, Jun 23rd, 2009

The Myth of the Lawsuit

» By Dale Wiley
I realize that there are plenty lawyers out there doing their best every day to give our profession a bad name, but in general, I believe that the only thing that stops more lawsuits from being filed are the lawyers themselves.
 

When clients come to see lawyers, they are not there because they are happy and content and cuddly.  We get to see people at their worst, when they are scared and injured and angry, and we get to be -- get this -- the voice of reason.

Everyone comes into their lawyer and says the same thing:  It's not about the money, it's about principle.

Which is crap.

It's about the money.  That's the one thing lawsuits can do.  They can transfer money from the person who hurt you into your pocket.  They can do a few other things as well, but chances are, if you're in a lawyer's office, you are or should be wanting the money.

But lots of times, there's no money to be had.  We don't believe we can prove negligence.  Maybe the damages aren't large enough to pursue.  Or maybe they're plenty large, but it's obvious that the other side doesn't have any money.  

Believe it or not, I probably turn down ten lawsuits for any one that I file.  In cases of medical malpractice, it's probably 100 to 1.  Every one of those other clients are loaded for bear, but in the end, they're just going to be frustrated because the initial rush of sticking a lawsuit under someone's nose doesn't last long.  It just gets expensive.  And, quite frankly, many times, you just need to move on.

I don't say this to scare anyone away from talking to a lawyer; quite the contrary. If you avoid the back page of the phone book, you'll generally get an honest answer on whether to proceed or not. But don't expect a rubber stamp; we may protect you from your own injured instincts.  And that's not a bad thing.
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