Law

Winning is Not Always a Joyous Experience

January 17, 2021 Paul Brennan
Law
Winning is Not Always a Joyous Experience
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Law
Winning is Not Always a Joyous Experience
Jan 17, 2021
Paul Brennan

The object of an award by a civil court is generally not to punish but to compensate you for your loss.


© Paul Brennan 20182. All rights Reserved.

Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes" 



 


Brennans solicitors
Lawyers - Property, commercial, disputes, Wills and estates

Show Notes Transcript

The object of an award by a civil court is generally not to punish but to compensate you for your loss.


© Paul Brennan 20182. All rights Reserved.

Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes" 



 


Brennans solicitors
Lawyers - Property, commercial, disputes, Wills and estates

 Abraham Lincoln  said "Discourage litigation. Persuade your neighbors to compromise whenever you can. There will still be business enough."

You are injured in an accident and the insurers pay you $100,000.  Your spouse breaks out the champagne.  However, the insurers have carefully calculated your pain and suffering over the next few decades.  The more money you get, the more you are going to suffer. 
 
 This principal of putting the defendant back in the same position applies generally across the board in court actions.  Clients want to know if their case is good enough to sue the pants off their opponent.  Normally the answer is a resounding “yes”.  Yet, the real issue is how much the claim is worth i.e. what “damages” (money) they will receive if/when they win.
 
 For example, where someone has run off with your cash it is easy to determine the damages.  You get back the cash.  The court does not normally give you a bit extra on top because the defendant has been a real nuisance.  The object of an award by a civil court is generally not to punish but to compensate you for your loss. 
 
 Many uninsured defendants go bankrupt even with damages which in America would be considered small.  This means claimants go without, however worthy their cause. 
 
 If your main object is to bankrupt your opponent and make them suffer and financial gain is a secondary consideration, then indiscriminate litigation is for you.

So yes, avoid law suits, litigation once commenced is hard to get out of without loss of face or other adverse consequences.  

Your lawyer can look objectively at the decision that you are about to make and consider your resources. This will help you to put your intentions into perspective as sometimes there may be other options.

However, if your opponents will not listen to reason litigation may be the best strategy. When dealing with unscrupulous people you may have no choice.

© Paul Brennan 2018. All rights Reserved.

Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes"