Tuesday, December 9, 2008

"Possession is Nine Points of the Law"

Lord Mansfield said it more than 225 years ago. What does it mean? The expression has changed over time to possession is nine-tenths of the law. Does that make any more sense? If you steal something from the store, you do not acquire ownership.

There have been a variety of interpretations. Some have interpreted it to mean it is every advantage a person can have short of actual right. Others have said that to succeed on a case, you have to have these nine things: (1) a good deal of money; (2) a good deal of patience; (3) a good cause; (4) a good lawyer; (5) a good counsel; (6) good witnesses; (7) a good jury; (8) a good judge; and (9) good luck.

In general, I agree with those nine points. When clients call me about a potential case, I always tell them that litigation is expensive and slow. I review the merits of the case with them and advise them about the merits of their position. You do need to have good witnesses to support your case, a favorable jury and some luck never hurts. A good judge in Massachusetts can sometimes be part of that luck, since judges in Massachusetts state court rotate, so you never know who you will be before on a particular day.

I'll be blogging about various legal issues and I hope that you will think that I provide good counsel and am a good lawyer after you have read some posts.