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Tuesday, June 9, 2015
Small Business Owner Advice...Know the Truth Behind Settling on the Court House Steps
I am sure most people have heard the term, “Settle on the Court House Steps”. As a consumer of legal fees, or client, most of us have been lead to believe that because of all the hard work an attorney puts into a dispute they have been able to negotiate a last minute resolution with the other party for settlement.
The client in most cases is lead to believe that this last minute maneuvering is in their best interests; or you’ve been told that’s why you pay your attorney the big bucks; or that in some way you are victorious in your quest for justice.
I personally had an attorney enlighten me to real truth and it’s not pretty. The explanation I was given has allowed me to understand why your own attorney starts the pressure, the threats, and the apocalyptic outlook leading up to the final statement of, “you better settle!” . Why? It’s in your attorney’s best interest.
So my education started with an explanation that attorneys have to bill approximately 2000 hours per year to keep their jobs and possibly 3000 hours per year for an extended period if they want to make partner. Guess what? This billing agenda comes before the perceived best interest of the client. Next, I was indignantly told that the lawyer has billed his client the maximum possible hours with no risk of loss in the courtroom if the case settles right before trial. In other words, neither attorney can lose the case, and have an upset client. That’s not justice, that is manipulation of a system, or brotherhood, that rewards ineptness.
What happened to the rights of the client I asked? The response was a snicker, and an even more alarming comment…”What rights?”
Hoping that I had a discussion with someone tainted by a career that had not been as rewarding as they had hoped, I decided to ask another long time legal advisor his take on my justice system education. Unfortunately…again a smile and confirmation.
So if the attorneys understand this sickening game, that means so do the judges since it obvious they started with the same legal degree. The benefit of settling on the court house steps for the judge? Less work, same pay.
Who is the victim of how the system works in real life? The trusting client, or shall we say, the payer of the fees.
Now I don’t expect to change the system and I would not expect that of others. If you are a small or family business owner, just being aware of such behavior may keep you a little safer than you were before and hopefully keep more of your hard earned money in your bank account not your law firms. If you think you are being manipulated or if something does not make sense while you are being represented challenge it. An ethical attorney will discuss your concerns and not bill you for the time, an unethical one will threaten to fire you as a client for challenging their advice and bill for the discussion.
Peter C. King 6/9/2015 2:10:00 PM Comments (0)