I hear that all of the time in my first meeting with a prospective client. One part of me wants to say, "but that's why you're here." I have come to realize, however, that efforts by the U.S. Chamber of Commerce and other tort reform proponents make people feel like they have to distinguish their situation from "all of those other frivolous cases." I always tell them that I don't want to represent "the kind of person that wants to file lawsuits" because juries see right through those folks.
Most people who come in our office have no choice but to seek compensation through the court system. They have been physically or financially devastated (or both) and simply can't feed their families. Others are justifiably angry and want someone to stand accountable for their bad conduct. Wrongful death, nursing home neglect, will contests and sexual harassment cases leave figurative scars that may never go away without the closure that a trial provides. I can't tell you how many times a client has told us how she or he never believed that a nursing home really provided bad care or that a doctor could commit malpractice until it happened to their family member.
The next time you hear someone saying that there are too many lawsuits, try and answer the following questions:
- Which lawsuits should be filed?
- Can anyone really say that one class of lawsuits lack merit as a whole?
- What provides a better deterrent to bad conduct than a lawsuit?
- Do you think that an insurance company would treat you fairly in settlement discussions if you weren't represented by a lawyer?
Better yet, ask the person that says that there are too many lawsuits.
Cum Laude graduate of Cumberland School of Law, Pet Mackey is a civil trial litigation expert who represents plaintiffs in business and consumer tort, contracts and construction, employment disputes and insurance. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy, a Certified Alabama Mediator, and an “AV” rated lawyer by Martindale-Hubbell.
2 Comments
Mike Bryant
Very good points and truly the reality vs. the myths that are out there.
David Mittleman
Great post Pete...close to 70% of the people i represent now come in for the 1st time and tell me, like U that 'i am really not the suing type, but this really happened to me' and like U, i then have to spend some time explaining how corporate America,the Chamber and Insurance companies have spent Billions of dollars with propeganda to make PEOPLE feel that what they are doing is some how wrong...fortunately we live in America and we have Rights like the right to hold wrong-doers ACCOUNTABLE even if they are doctors,hospitals,corporations and insurance companies!
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