Tuesday, September 05, 2006

Why is it?

Why is it that when people are in legal disputes they all envision it as a time to get rich, or screw someone over? I don't understand why reason and fairness leave peoples minds completely. I know this sounds harsh. It does I admit it. Mediation (and therapy) would work so much better in so many civil cases rather than what is our adversarial system. It would also be cheaper in economic terms. Just my two cents.

2 comments:

Steve said...

I presume that this was set off by a recent experience, or collection thereof. I can say that I am with you. Our Dean likes to quote Abraham Lincoln: Discourage litigation. Persuade your neighbors to compromise
whenever you can. Point out to them how the nominal winner is often a
real loser - in fees, expenses, and waste of time. As a peacemaker
the lawyer has a superior opportunity of being a good man. There will
still be business enough.

Bellejar said...

There is a particular set of facts annoying me right now. A friend is being wooed by a litigator when it would be to her economic interest more than likely to get a fair settlement sans attorney. PI attorneys don't really discuss what "plus costs" means but needless to say in a relatively small case it can eat up the settlement. I don't think she will be made whole after costs, but the attorney will get some nice duckets. tsk tsk