We as humans have a great attribute to persevere. We like to think that everything will work out in the end if we keep fighting for what we believe is right. This idea can get you far in life but it can also cost you a lot especially in the legal field.
One of the first things, all individuals should know prior to commencing a claim is that “if it doesn’t make dollars, it doesn’t make sense” (Big Pun reference). In the legal world personal feelings and grudges cloud the mind of all those involved and it leads to money being wasted with little to no recourse for recouping those losses.
If your reason for commencing a claim is personal or the individual you are going after has no money to pay a judgment, it may be better to seek alternatives to commencing a legal action. This may include having a conversation with the opposing party, seeking a mediator or just cutting your losses. While, the ladder may be hard to swallow, it may make be the difference between losing hundreds and losing thousands of dollars.
Looking at commencing a claim as a business decision is something many lawyers won’t broadcast. As a field we work on billables and nothing drives up billables like personal feelings. However, advising a client about treating a claim as a business decision opposed to a personal one is what retains clients long term.
In our firm, we conduct searches ahead of starting a law suit to be certain there is something to collect a Judgment from. Many other firms don’t do that – you need to ask yourself why?
So, long story short, always say to yourself, “if it doesn’t make dollars, it doesn’t make sense” and if it does make dollars, commencing a legal claim may be the next logical business decision.
Harman S. Toor JD
Associate Litigator