One of our goals with this blog is to answer some of the questions we are commonly asked. Towards the top of the list is, “should I take this to court or not?” While you might think the standard lawyer answer will always be “take it to the court”, you may be surprised. Despite their reputation, many lawyers will be the first to advise you to seek a resolution outside of court if possible. Let’s explore some of the reasons why that is the case.
First, the costs of going to court are astronomical. That benefits lawyers, certainly, but what about you? A good lawyer is not going to make decisions or offer advice based on what will line their pockets. They are going to guide you based on what their legal expertise dictates is best for you and your situation.
Second, you take the decision making out of your own hands. Sometimes, that has to be the case because a decision won’t be made otherwise. But mostly, when you hand over the decision to a judge or jury you are flipping a coin and you can never be completely certain of the outcome.
Third, litigation is really awful for most people. I say to all my clients, “win or lose, it is a rare person that gets to the end and is grateful they went through the process.” It is stressful. It puts you, your business, and your family under a microscope. It takes a long, long, long time. Truthfully, the most common feeling my clients express (even when they win) is how happy they are it is over.
Sometimes litigation is simply unavoidable. There may be no other way to get the other party to pay attention, an agreement may be impossible, or you may be facing an opposing party that needs to answer to the justice system. We are always ready to take it to the next level, but we do that in partnership with our clients after talking through the benefits and risks of litigation.
Our approach is first to seek solutions for a resolution that will save our clients the cost and agony of litigation. When it is clear that route isn’t going to work, then we are ready to push the matter into court. If you are facing such a decision, set up a consultation and let’s talk through your options.