We have all been in a situation where we get burned, see red and nothing will satisfy us but sweet, cold revenge. The vendor who screwed up and won’t return calls; the employee who steals things and disappears; the insurance company that seems friendly until it’s time to pay a claim. All of these situations may have you wanting to pick up a baseball bat or…call an attorney.
Clearly we can’t advocate the former, and though it may seem strange, we can’t always advocate the latter, either. That’s right, you heard it from a lawyer: sometimes it isn’t worth the fight.
The thing to do is, first: determine your priorities, and second: determine your budget.
If your goal is to get even / obtain justice / stand for a principal; these are all things we may be able to help you with, assuming it is feasible in terms of case facts, ethically fair, and not frivolous. If you want to punish the ‘big guy’, protect the ‘little guy’, or stand up for what seems right; those are wonderful aspirations. We, and other good attorneys, will fight tooth and nail for your cause.
Of course, you will need to recognize that those principles may be difficult to protect if you are cash strapped, or concerned with a monetary return on investment. Principles and finances are often at odds with one another, due to the realities of litigation. That is to say, civil litigation is primarily about objective cost-benefit analysis. The truth is that in many ways, civil litigation is geared for business; cut and dried, non emotional, and saddled with compromise. You sue if you have to, continuously measure the cost and the risks, and act according to what is in your best interests. And sometimes (not always) that means swallowing your pride and saving cash.
Few can afford to buck this trend and fight purely for an ideal, particularly if the issue is unique, and requires the attorney to bill by the hour. Thank goodness for organizations founded upon ideals and principles and funded by donations; institutions like the ACLU fit that description.
But civil litigation also has it’s place, and can accomplish what a big altruistic entity may not. It can be a swift and potent force, with long-lasting results. And as long as a case has merit, there are few things as enjoyable and gratifying as pursuing a case for someone with an ideal they want to uphold, and the checkbook to see it through.
In sum, it’s great and fulfilling to pursue a cause of action where you are in the right, but be prepared to think of it as an emotional investment, and a fiscal expense.
© Allan Parr, 2010, All Rights Reserved
It’s a jagged little pill, but one that we all have to swallow. All too often we forget what the cost of the “fight” will be, no matter if we’re in the right or not. This is a good reality check.