People understandably can be upset when facing legal challenges. It is quite common for many to make emotional declarations when discussing their situation. Oftentimes I have heard very bold statements such as “I don’t care what it costs or what it takes! I will take this to the Supreme Court of the United States if necessary. It’s the principle of the matter!” However, rarely in nearly 30 years of practicing law has someone who has made such a representation to me actually meant it. For most, the false sense of bravado is merely a way to vent. Go ahead, get it out, settle down, feel better and then discuss what realistic options there are. A person should care what it costs and what it takes to go through litigation. Electing to litigate should be a logical rather than an impulsive decision.
For those who still insist going to the highest court of the land it is normally hyperbole as almost none of them have an issue eligible to be heard by the Supreme Court of the United States. For the vast majority of people making such statements, reality kicks in when quoted a price range they can expect to pay to file their lawsuit, take it to trial and appeal the results (provided they have grounds to do so). Reminding them that they just boldly stated that “they do not care what it costs” does not change the economic reality that they either cannot afford such litigation, or the nature of their dispute is simply not worth that type of investment.
Oftentimes, solutions not involving litigation can be found. Sometimes a person will get mad and storm out the door. Then there are the “be backs”, who wishing to save face state that they will “be back” with a retainer to start their epic battle but are never seen or heard from again. What almost all have in common is that amount in controversy is far less than the cost of litigation. Indeed, some of the loudest voices on such issues are those fighting over the smallest sums.
In contrast, those involved in more substantial matters rarely behave in a similar fashion. These people understand that litigation is costly and are prepared to pay the price. They enter into such a decision level-headed after thoughtful reflection, weighing the pros and cons of such an endeavor.
While most law firms handle matters such as auto accidents, trucking accidents and medical malpractice cases on a contingency fee basis, the same is not true for many other types of civil litigation. Some people with legal needs have a false impression of how legal representation works due to having been bombarded with countless legal ads assuring prospective clients that “there is no fee unless we collect” in personal injury cases. Hence, they incorrectly assume that their contractual disputes and other types of civil litigation will be handled on such a basis. It is amazing how less aggressive they become when they learn that they will actually have to pay for both their own legal fees and the cost associated with a court battle.
My good friend and colleague Franklin S. Horne, Jr. has often counseled potential litigants that “litigation is like polo, it’s the sport of kings”. He is correct. Thus, it is wise for a potential client to enter into discussions regarding potential litigation with their eyes wide open. One should be prepared to put their money where their mouth is if they choose to dive into the turbulent waters of litigation. And when you need help to discuss options for legal challenges, call the one you can trust. Contact Chris today … click here.