The truth about lawsuits
This site is all about lawsuits; the good, the bad, and the ugly!
This blog is about the reality of our legal system in California and probably applies to the rest of the US. This information provided to you is strictly from personal experience and a personal prospective of what it’s like to be in litigation.
First a MUST READ before you visit any lawyer’s penthouse office
After 10 years of personal litigation it has become obvious that our legal system is broken. It has been broken by the lawyers. The lawyers make the lawyer laws, the lawyers set the rules, at the end of the day they lawyers are all members of the lawyers club and have dinner together giving out lawyer awards. Remember, you are not a lawyer, and you are not in the club. You are the “client”. The client has the cash. The lawyer needs to pay for his living. The lawyer does this by getting cash from his client. Unless its a slam dunk, and the lawyer is confident there is payment at the end, most lawyers won’t take a case unless you write a [big] check and sign on the dotted line.
Unfortunately the author has been involved in litigation starting about 2002. Since that time it has been necessary to learn the twists and turns of our legal system. Remember this is personal information – not legal advice. But after reading this you should be able to ask all the right questions whether you are seeking a prosecuting attorney or a defense attorney.
Whether you win or lose the entire episode is unpleasant, and costly – both monetarily and personally. Lawsuits take your time, the most valuable thing you have, and they also take your money. They wreak havoc on your personal life and your bank account. There are no winners in lawsuits. The only winner is the attorney for each side.
There are many personalities in the world, and each lawyer has a different level of personal morality just as the plaintiffs and defendants. Generally you don’t get sued unless someone believes they have been damaged. Even if you may not think you’re personally responsible you may be sued. When harm comes to another and you are aware that this is taking place you can’t just stick your head in the sand and hope it goes away if you can personally prevent it – that leads to a lawsuit. Independent contractors running their own business should be keenly aware of this.
Sometimes people are sued and they truly have no involvement in the situation but that’s not often. More normal is for someone to have some involvement, but in their own mind they deny it. One problem today is that no one takes responsibility and everyone gets sued.
Unfortunately lawsuits are just as much about the lawyers as they are about the participants. From my experience prosecuting lawyers don’t take cases unless they believe there is damage and they can prove it. Cases are not taken for harassment as an attorney can lose their license. On the other hand there are defense lawyers. Defense lawyers coach their clients into whatever defense they can possibly conjure up the jury may believe, and get their clients off the hook. That’s my personal opinion after being a client on both sides of the legal system.
The job of defense lawyers is to come up with a defense. There is nothing except your moral obligation that says you must tell the truth in a court of law. I have seen 100 declarations in the past eight years where people in high positions have lied their asses off in practically every answer on their declarations and to everyone in their company -when both their in-house lawyer must have known they were lying and all management. So, beating case does not necessarily mean you are innocent, it simply means you were not found guilty.
Many civil cases today are won or lost on court technicalities. Law is complex and if you had to have something due on the 5th and it came in on the 10th the judge can get pissed off and dismiss the person. This happened in a case recently. Technical error. But that won’t happen twice. Something you must be aware of.
Let’s say you were in any parking lot and you back your car while backing out of a parking stall, and when you backed your car up you hit a shopping cart and the shopping cart rolled 100 feet down the slope of the parking lot and hit a nice new Ferrari. Your luck was that it did not hit a Hyundai next to it and that it hit a Ferrari. Some people would argue they aren’t guilty stating someone shouldn’t have left the cart where it was and it’s the store’s fault.
Then the ego gets in the way
The guy with the Ferrari comes over and says “you need to pay for this, it will cost $5000 to properly fix my door ding”. You think hell it was just a little door ding – $5,000?
So you call an attorney and the attorney says let him sue you and I will defend you – Just give me $500 down. Without knowing the legal system say okay. A month later you’re sued and served with the lawsuit and you call the attorney. First he wants another $2000 upfront for the defense. Then you have to pay fees and costs (court fees and other costs).
So, the lawsuit begins and now the attorney counter-sues the store, and the shopping cart manufacturer because it didn’t have any automatic brakes. and before you know it you’ve spent $10,000 on this lawsuit with the hopes of getting it paid by the store because that’s what the attorney told you he was going to do for you. Crap.. now you are in for $10,000 on promises from the attorney.
The store has a great team of lawyers and they fight back much to your sadness this lawsuit now continues on for years… when you could’ve settled it and gone on with your life just a month after it happened.
Guaranteed, after you’ve been in your first major lawsuit you won’t want to be in the second one. The reality is that you did knock that cart and it did hit the Ferrari and whether you did it on purpose or negligence or just didn’t see the cart and make some difference because the damage occurred.
Yes, maybe by some technicality some lawyer will argue something that will save you some money, or force the plaintiff to re-serve you or some other small issue, but generally the lawsuit will continue to the end because most lawsuits and legal system would prefer that the case is heard on its merits and that takes forever. Welcome to our legal system.
Now, what happens when you get tired? Tired of the lawsuit game? Tired of paying the lawyer? Tired of searching your records? Tired.. and you want to give up. You can’t. Not unless you can then offer a settlement or decide to take a default. Another things most attorneys don’t discuss when you enter a legal action. Unless you settle, as a defendant you don’t generally get out of the suit until the end. When ever that may be.
I tried to get THE TRUTH ABOUT LAWYERS but that domain was taken!
AGAIN PLEASE NOTE – this is NOT legal advice. This is personal advice. Only a lawyer can give you legal advice. This is advice by someone who has had to pay the bills, endure the reality of litigation, and had to fight the liars, the lawyers and the legal system.
So… the new blog is “The Truth About Lawsuits” because the common man/woman needs to know the truth about all this including the lawyers and law firms who run them… actually this is a more fitting name. Do lawyers ever explain all this to you before you write the check. No. Never to my satisfaction has someone told me all the issues, delays, costs, travel time, vacations, and all the associated issues that go along with the decade long prosecution or defense of a lawsuit.
Knowledge is power and the more you know about lawsuits before participating; the better. Nothing better than knowing how deep the lake is before you jump off the bridge.
Topics – Lessons to include
- Why people get sued
- How lawyers dupe clients by not giving them the full picture
- If defense lawyers told the truth they would not have clients
- How I got billed $35 for a single email that said “yes”
- Why you need daily contact with your attorney
- How to find a great prosecuting lawyer or law firm
- Why many (most) defense lawyers don’t tell the truth
- Why lawyers don’t offer guarantees
- The true cost of prosecution and defense
- Why every bright idea your lawyer has… costs you $5,000 (or more)
- Ex-parte and noticed motions, demurrers and summary judgments
- All about settlement
- Who makes the rules? The trial lawyers association?
- Who the winners are in every lawsuit.. can you guess?
- The tale of the spider and the fly
- (we may change the lesson plan after review)
Lawyer joke… as told by the son of a lawyer!
Do you know what the difference is between a good lawyer and a GREAT lawyer?
A good lawyer settles your case quickly… a GREAT lawyer milks your case for years!
More coming soon!