I Hate Lawsuits

Don - November 15, 2005

While reading the BoM I stopped to contemplate this passage: 3Ne 12:25 "Agree with thine adversary quickly while thou are in the way with him, lest at any time he shall get thee, and thou shalt be cast into prison." Here’s my thougths…

First, my business experiences have included having to sue and being sued. Obviously I’ve always thought I had just cause and was right. Mind you these cases have ranged from a few hundred dollars in small claims court to less than $50,000 for the biggest one. I won’t bore you with the details.

However, this particular scripture has given me a new insight into my past experiences and hopefully a better understanding of what to do in the future. Here’s my analysis: this scripture has reference to when a lawsuit is involved or maybe at least threatened. It must involve a lawsuit because your adversary has the right to cast you in prison, you can’t do that without proper legal action. It also says your adversary can "get you" it doesn’t say win, or that your adversary is right, it says they can "get you".

It’s the "get you" part that has made me appreciate the wisdom of this verse. If I would have agreed with my adversaries sooner I could have saved bunches of money. Of course I’ve been right, sometimes morally, sometimes legally, sometimes both but I still would have saved money by agreeing sooner. And that doesn’t count the lost hours, the worry and the stress that dealing with these lawsuits brings.

So taking this scripture to heart, will I sue someone in the future, probably; will I get sued in the future, probably, will I be right – of course. But, I will try to agree sooner, I will try to come to terms even if it "costs" me money. This is going to be hard for me because I’m right and I want justice!

4 Comments »

  1. Hmmmm, trying to attract the T&S crowd, eh?

    Comment by Rusty — November 15, 2005 @ 5:01 pm

  2. Don, I don’t know whether the scripture you reference is related to lawsuits or not–but, I think you are absolutely right that it contains a message that can be helpful for litigants in lawsuits.

    I’ve been a litigator for close to 20 years. Every client I represent in litigation I urge to consider private mediation before letting 12 strangers decide their dispute. There are many advantages, some of which you have already mentioned.

    My only observation is to be wary of the “tort reformers” out there. They are the true wolves in sheep’s clothing. If you’ll allow me to reference a related post on my own blog you can read more about lawsuits here:

    http://guys-blog.blogspot.com/2005/11/tort-reform-hypocrisy.html

    My only point is to be careful and preserve the right to be able to litigate if all else fails. But, you are correct that it is much better to agree sooner, because it will not only save you money, but also time, and a great deal of emotion. It also allows you and your adversary to come to some agreement on a resolution on your own terms. Once you let 12 strangers or a judge do it–then you basically lose all control of the ultimate outcome.

    Comment by Guy Murray — November 15, 2005 @ 5:33 pm

  3. Ahh, the pro-mediation view. You’ve uncovered my alternate self at http://adrr.com/ ;)

    Comment by Stephen M (Ethesis) — November 15, 2005 @ 10:41 pm

  4. Re: Guy Murray’s comment

    How ’bout that? A personal injury lawyer against tort reform!

    Comment by gst — November 19, 2005 @ 3:16 am

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