Why Do People Ignore Lawsuits?

I have two clients who called after having judgments entered against them. Both were defendants in their respective cases. Neither defended the lawsuits for two completely different reasons, but nonetheless, each hired me to file a motion for relief from judgment. In other words, I must file a motion and ask the judge to remove the judgment and let these cases go forward on their merits. Each client has a good defense to the merits of the claims asserted by the plaintiff. But, because neither fought the lawsuit when it was active, they now must argue to the court that the court should reopen the case and that they should be given a chance to defend.

I have another client on the other side of the fence. The defendant ignored my clients offers to settle. She would have settled her claim initially for less than $1,000. Now, she has a judgment against the defendant for nearly $100,00 and accruing interest at a healthy one percent per month.

I counsel my clients regularly not to ignore lawsuits or even letters that arrive return receipt request. While it may not be pleasant to receive a demand letter or a lawsuit accusing you of all sorts of nasty stuff, ignoring it, will not make it go away! Ignoring it will only lead to liens on your house, garnishment of wages or the auctioning of your property.

Most of the time, people do not sue out of the blue. In all likelihood the dispute has been brewing for some time. While every case is different, often the best time to resolve the matter is prior to the lawsuit being filed. If you are served with a lawsuit or a demand letter, read it, respond to it, and resolve it if possible. Put emotion and pride aside and look at the case from all sides. Contact a lawyer, if you don't feel you can take a step back from the case. I frequently counsel my clients that settling a case, even though it is distasteful, is the right decision.

Whatever you decide to do, do not ignore it. I promise you. It will not go away by itself.

"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.