Why Do Most Cases Settle?

September 27, 2011 by

Q: Why do so many legal disputes never get to the courtroom to be resolved?

A: You stop paying someone to bang your head against a wall.

Cases settle before trial because you risk so much if you lose. You could end up paying your lawyer and the other side’s lawyer. That’s why going to court is risky.

You may claim you go to court in search of justice, for honour, a sense of duty or a noble cause.

Access to a very costly court system is not the best way to resolve legal problems. Judges do not want to hear what they consider petty disputes. They scold, badger and criticize lawyers who waste the court’s time with trivial cases.

Your lawyer can only give you an “educated guess” about how a judge views your case. This gives you a one-dimensional view of your case.

As the other side defends or attacks your case, your lawyer can change his/her opinion about your chances of success.

You cannot guarantee anything, except that a court case will cost a fortune.

Using civil courts to resolve private disputes is an expensive and time-consuming proposition.

The legal system encourages alternative ways to resolve private legal disputes outside of the courtroom.

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