Saturday, September 15, 2012, 10:25 AM
Posted by Administrator
Most lawsuits.....divorces, injury cases, contract claims......settle our of court and without a trial. Settlement is cheaper, quicker, and doesn't have the high-blood-pressure element of surprise when the judge or jury comes back with some decision that makes no sense at all (to makes perfect sense to the party on the other side).

But, some lawsuits can't settle. Here is why:

A tall man with three gold teeth walks into a lawyers' office with papers he's just been served. His wife is suing him for divorce. She has the house, the Jaguar, and the family dog. He left the house with nothing but one set of clothes and an insulated coffee mug.

Along with the Petition and the Summons he's just been handed is a letter from his wife's lawyer. The letter says: "Your wife is willing to keep what she's got and settle the case right now if you don't ask for anything back."

The lawyer should tell the man to agree to the wife's deal: He makes a lot more money then she does; it is a long term marriage; there isn't much equity in the house; Jaguar's break down.... But, the lawyer has bills to pay and places to travel to, so, instead, he tells the man "Your wife isn't entitled to anything, you hire me and I'll take are of it."

When the parties go to court ordered mediation, the Wife repeats her offer. But, the husband's lawyer has got to produce something to justify his fee and to justify his teling his client to fight.

So, the case will never settle. Eventually, it will go to trial and some judge somewhere will be the one to tell the man the bad news. ...that he'll be paying her alimony for the rest of his life. The man's lawyer will say "That judge is an idiot. You were railroaded. We need to appeal to a higher court." Of course, appeals aren't free, either.

Note: A lot of lawyers---maybe even the vast majority--- would have told the man "Take her deal or you're an idiot."
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