Understanding the Legal System

Often when one hires a lawyer, there are many expectations about how the process works and what the outcome will be.  However, it is imperative to understand that the legal system, though well-oiled, can be unpredictable.  One must keep in mind the following six things in order to be informed on how the system works.

1. No matter how good the case is and no matter how good the lawyer is, no lawyer can or should guarantee a specific outcome.  Wins or losses and the amount of recovery, if any, depend on a host of factors that neither the client or the lawyer can know at the outset.

   
   

2. Any prediction as to how the other side will react if the lawyer sends a letter or initiates litigation against the other side most assuredly will be wrong.  I have been told dozens of times by a client, that if “he sees a letter from a lawyer he will want to settle right away,”  or “if we file suit, she will give in.  She doesn’t like to spend money on lawyers.”  Inevitably, the other side does the opposite of what the client predicted.

   
   

3. Judges are brilliant legal scholars who will make the right decision.  Nothing against judges but a) most are political appointees or are chosen because they are active in the local bar association b) no lawyer is familiar with the entirety of the law or type of case you present.  Most judges come from a specific area of practice and are familiar mostly with that area of practice.  Few, if any lawyers are generalists, and if they are, remember the saying “jack of all trades, master of none.”

   
   

4. The outcome of a lawsuit will be fair and just.  Neither fairness or justice have anything to do with winning.  There are many procedural and substantive legal issues and issues of proof that will affect the outcome.  Perception is also important.  If you have had three prior personal injury claims, the insurance company on the other side will be suspicious about the truthfulness of the current claim and the injuries you suffered.  If the case is presented to a jury, the jury will also be suspicious of you.  If you committed a felony ten years ago when you were 18, juries, and some judges, will question your honesty.  Also, plaintiffs have the burden of proof and you may not be able to meet it on all issues you need to meet it on.  Lawyers understand this, not laypersons.

   
   

5. Not all lawyers are right for all matters.  The lawyer who drafted your will may not be the best lawyer to review the franchise agreement you want to sign with “Smelly Socks Franchise Corporation.”

   
   

6. Litigation is expensive and the cost is hard to predict.  Clients inevitably think that a lawsuit will cost less than it does.  Some cases do settle quickly, but often the lawyer on the other side will make you go through depositions and maybe even try to get your case knocked out by the court before making a fair offer.  Read the engagement letter carefully to understand fees and costs that may be incurred before going off the deep end. 

With all this said, one should remember that their lawyer is doing what is best for their client (hopefully) and that they are professionals who know their field and specialties expertly.  They work hard to satisfy their clients.  Lawyer-client relationships are at their best when there is mutual trust.

Harry Rifkin, Esquire