Sue those Jerks! – latest NCBR Column
Posted on | October 12, 2009 | 1 Comment
Is it really worth it to sue those jerks?
By Kevin E. Houchin, Esq.
Northern Colorado Business Report
October 9, 2009 –
Let’s sue those jerks!
How many times have you thought that? How many times have you actually followed though on your plan? Probably never. Litigation just costs too much.
According to a recent study by Prof. Marc Galanter of the University of Wisonsin-Madison, fewer than 2 percent of civil (non-criminal) lawsuits actually make it all the way through trial. That means the litigation process is ultimately not about suing people – it’s really an extremely expensive negotiation strategy.
If more than 98 percent of cases filed are settled before the end of a trial, then shouldn’t we be focusing more on negotiation than litigation? I think so, and most attorneys, even litigators, concur. But there are some times when the only thing you can do is file a suit. Sometimes litigation is the only way to make the other side understand you’re serious.
I don’t make a living suing people. In fact, I try very hard to never end up in court. But earlier this year a client was backed into a corner and the only thing we could do was come out swinging. My client had been hugely and publicly successful with the launch of a product. Another company in the market niche felt they had been treated unfairly and hoped to make a grab at my client’s success.
…more…
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Kevin E. Houchin is an attorney, artist, teacher, author, and principal of
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October 12th, 2009 @ 2:00 pm
Hi. I am a long time reader. I wanted to say that I like your blog and the layout.
Peter Quinn