Thursday, November 15, 2012

Look Before You Leap

There is always a moment of silence when I ask the following question to potential Plaintiff clients, "Does the person you're trying to sue have any money or own any real estate?"

After the initial pause, I break the silence and try to explain that winning a judgment is far easier than collecting on a judgment.... and almost impossible if the Defendant has nothing. There is an old expression which sums this up easily, "You can't get blood from a stone!"

Of course, many lawyers won't tell potential clients this 'smack of reality' because it will lesson the chance of collecting a fee for representing them in court.

I have always taken a different approach- full disclosure from the start knowing some clients will choose not to pursue a claim.

Notwithstanding the above, a judgment is valid for 20 years; therefore, a Defendant may one day come into some money and will still owe Plaintiff for the judgment amount, plus interest!

My advice... a little investigative work before jumping into a lawsuit couldn't hurt.

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