So, you want to file a lawsuit?

Every day, we are approached by people who wish to discuss hiring us to file a lawsuit for them.  Part of this discussion is, for us, a process of educating people on the subject of what it means to pursue a lawsuit from the perspective of a client.

Hired Gun Myth

When a person first sits on the other side of our desks they often hope to hire a “tough guy” to get the revenge they have been unable to achieve outside the Courts. Let’s dispel this myth promptly.   Lawyers who are table pounders, shouters and bullies don’t get a very good reception with juries and judges.

Lawyers are advocates, trying to “sell” a point of view. Who do you respond to as a salesperson? Usually someone with whom you relate.  The old adage of salesmanship is that you don’t sell the product so much as sell the customer. Juries and judges like lawyers to whom they can relate -- a person they would like to have as a neighbor, for instance.

Watching other lawyers practice over the years, it has been clear that the ones who are the top trial lawyers are consumately civilized. What wins cases is thorough preparation, not shouting. When your lawyer is done presenting a thoroughly prepared case, he has laid a roadmap to winning that is easy for a jury and judge to follow.  And he’s done so in a confident manner without being loud or insulting.

“I want that person crushed!”

We have also found, through direct experience, that the client who is more worried about punishing the other party rather than wanting to recover some losses,  usually has a losing case. Remember, the lawyer has to sell the client to the jury and judge too. Who’s going to get the best treatment? Juries aren’t generally too keen on the litigant who is out to “punish” or “hurt” the other party.

Strangely, the foregoing paragraph is nearly impossible to explain to potential clients. People don’t want to believe it. They want to believe that they can get their retribution and be successful in Court as well.  Juries rarely reward meanspiritedness.

“I can’t lose!”

The second most difficult concept to explain to a potential client is that, often a person believes in his own cause so thoroughly that he is blind to the weakness in his own case.  Lawyers can suffer this tunnel vision as well when they get wrapped up in a case.  Every case has weak points and if a lawyer tells you otherwise -- or if he guarantees you that you will win -- head the other direction.  You are probably being misled.

Every time I have heard a potential client say, while explaining their case to me, “Why there isn’t a judge or jury out there that wouldn’t find in my favor!”, I know it’s a bad case.  When people tell me how honest they are, often it’s because they arent’.  When people tell me how spiritual they are, they usually aren’t.  When I hear people tell me their case is a sure winner, it isn’t.

The “worthy cause”

Ok, let’s say we agree you have a good cause.  The lawyer researches the law and it favors your point of view. The facts are investigated and it appears that you can prove the facts which the law requires be proved to make the sort of case you are pursuing.  Is it a cakewalk from there? Hardly.  (Stay tuned for chapter 3, “The Writer Finishes His Editorial”, coming soon!)

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