A few months ago, I won a crushing victory in court.
My takeaways:
(1) The justice system isn't always unjust. During my witness testimony, I thanked the judge for dedicating the time to immerse herself in the nuances and driving this case towards a resolution. It would have been easy for the judge to continue or deprioritize this small case, but instead she dug in and committed two days of the court’s time (!). It was an encouraging contrast to the judicial system’s reputation.
(2) Repeated poor judgment has consequences. Everyone makes mistakes and missteps, but doubling down is not a good strategy. The other side had years to resolve this situation, yet ignored even the judge's advice to settle (“there’s no way around all this evidence”). The verdict was far harsher than any settlement would have been.
(3) Sunk costs are sunk. The other side said they couldn’t settle because they had spent so much on attorneys. Ironically, this case would have been settled years ago if they had offered a fraction of what they ended up paying lawyers. By the end they were ordered to pay my attorney too, plus the hefty damages in the verdict.
(4) Winning trumps settling. I am always a proponent of settling lawsuits, or - better yet - prevent them from ever happening. However, I must admit that it was very satisfying to win in court. I can see how it’s an addictive adrenaline kick for litigators.
(5) Law is a constant strategy exercise. What is the cost (and opportunity cost) of continuing and risk of losing? Will we win, how much will we win, and can we collect our winnings? The balance between these two questions evolves as a case progresses, and you must not let emotion cloud your judgment.
