You Ought to Sue!
We can’t live without them, but there may be a reason for all those lawyer jokes.
A few months ago I was invited to Sunday dinner by an attorney friend of mine. Also at the dinner were his three children, all of whom are lawyers, including one who is married to another lawyer. Contrary to what some people might assume, it was a pleasant afternoon spent with a group of very smart and very amiable people. I have concluded, at least from that encounter, that attorneys make good companions and pleasant conversation. But on the other hand, I’ll be honest—I have tried to keep lawyers out of my professional life as much as possible. Sure, I recognize that there are some things that are hard to do without them. I’ve consulted attorneys when drawing up wills and contracts, starting a business, selling real estate, and when I needed advice about an insurance claim after a traffic accident. And of course prosecutors are absolutely necessary to seek justice for crimes against the innocent. But only once have I actually gone to court to get back at someone who wronged me.
And I have to tell you, it didn’t go so well.
It happened when I was 21 years old. I was the leader of a full-time rock band, and my manager and I sued a nightclub owner for breach of contract when he refused to pay us for a week-long engagement. On the day slated for the non-jury trial, the defendant offered us a settlement of half the money he owed. We refused, and the two-hour trial commenced. I wish now that we had taken the cash.
Early in the testimony it was obvious that my manager had hired our lawyer either because he was a college buddy or because he was cheap, or both. The guy bungled his way through the proceedings, and the defendant’s representative ate him alive.
Even so, the evidence against the club owner was overwhelming, and the judge ruled in our favor. Lawyer, manager and I celebrated our “hard-fought victory.”
That celebration proved premature. The club owner declared bankruptcy, we were never included in his list of creditors, and we never saw a penny of the judgment. Everyone lost.
That experience has stayed with me all these years, and since then I have shied away from seeking civil litigation, even when I might have had a case.
The first time I was let go from a TV job, I told my story of loss to a co-worker. “You ought to sue!” she cried. And truthfully, the reasons for my termination were questionable, and my guess is that if I told you the circumstances you might defend me. Indeed, some of the voices in my head considered legal action might be a viable option.
But there were other voices too. They reminded me that there could be fallout. Some valuable friendships could be jeopardized. There might be hard feelings and anger, and some reputations (including mine) might be injured. Add to that the certainty of a drawn-out drama, and the idea of a legal battle seemed pretty unattractive to me. Besides, I knew it was time to move ahead rather than backward, plus I had enough money to pay my bills and I was able to find part-time work to get me by. Six months later I was working full-time again at a higher salary than what I had left behind. I was able to put the incident behind me with all relationships and reputations intact.
I have seen others struggle with the decision whether or not to take legal action when they were wronged. For some it’s an absolute necessity, and even in borderline cases I have never blamed anyone for choosing that route. I must say, however, that I have a lot of respect for those who have worked to find another way. Like me, they have concluded that positive relationships, un-burned bridges and a good night’s sleep are often more valuable than “making someone pay.”
I have also discovered that just because someone pays doesn’t necessarily mean that someone else gains. I have been a co-plaintiff in at least three class-action lawsuits against businesses both large and small, and recently received a check reflecting my share of the latest settlement. In the case, the defendants were forced to pay hundreds of thousands of dollars in damages and attorney’s fees, yet the money was divided among so many injured parties that the outcome provided little compensation to anyone (other than the lawyers of course). As I guiltily cashed the $11.53 check for my portion of the damages, I reflected on whether that kind of action ever really provides a benefit.
On the other hand, I recognize that some issues are far too important to leave the conflict out of the courts. And the selfless attorneys who spend their energies helping the vulnerable and abused and oppressed find justice in this world are nothing short of heroes. But my observations of life tell me that there are many other personal courtroom battles that might have been resolved with less anxiety, less hostility and less loss of integrity if the parties had initially tried a more honest and peaceful approach. I’ll admit that I’m a bit idealistic, but as much as I respect attorneys, I believe that much of the time we should have them step in as a last resort rather than a first one.
Of course I reserve the right to change my opinion if someone truly harms me. So watch out; my rock band manager knows an attorney.
© Nick Walker 2020
I know I’m on delicate ground here, but feel free to give me your feedback. Agree or disagree? Feel free to scroll down and leave a comment.
