How to Win a Lawsuit: Financial Attrition
“If you’re going to go to war, you better be sure you have enough money to win it. If not, the wise thing to do is settle with your enemy.”
That’s what you’d call a layman’s paraphrase of a couple of old verses by a wise man named Jesus. He wasn’t a lawyer, but it’s sound advice, nonetheless.
What is Financial Attrition?
There are three possible ways to win a case, and today we’re going to talk about one with which I’m sure you’re very familiar – Financial Attrition.
To best illustrate this, you might remember another well-known old story, David and Goliath. Picture the scene with me – our crusading hero sitting alone at the table, backed by a large crowd of people who’ve been done wrong but have placed their faith in him. He’s been working hard, his marriage is on the rocks, and maybe someone even threw a rock through his one-man law office window.
And now who walks in? The big, bad Corporate Executive with his fancy New York representation. Look, they’ve brought so many lawyers they don’t even fit at the table! These lawyers proceed to file Motions to Dismiss, Motions to Delay, endless Interrogatories, and Requests for Discovery. Their very obvious goal? To outlast and outspend our poor crusading hero and his poor, unfortunate parade of victims. Unfortunately, most of the time, they do.
That, my friends, is an illustration of Financial Attrition. The big fancy New Yorkers will outspend you, postpone you, and generally drag out the case until you can no longer afford to continue. Many cases have nothing to do with the facts or the law, they are merely a slightly bigger party bleeding the slightly smaller party dry.
The Truth about Litigation and Budget
Litigation is a sport of kings. If you’re going to participate, make sure you have the budget for it. If not, it’s better to look into mediation or some kind of settlement.
If you have a question about your case, we’d love to talk with you about it!