Tue, Jun 23rd, 2009
The Myth of the Lawsuit

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.




