Lawsuit vs. Settlement: Is suing the best answer?
Nothing will cost you and your business more than a lawsuit. Not just money – time, energy and focus – it is an absolutely absorbing event. Lawsuits don’t happen, nor end, overnight – they will hang as a dark looming cloud, demanding your time and taking you away from doing what you love to do: Run your business. Outcomes cannot be determined despite the best litigator’s gut feeling or best guess, whether the case is tried before a sole judge or a jury of your peers. It can take years to get to judgment. You should always allow your attorney the opportunity to attempt to resolve the matter via a settlement. It is not a sign of weakness to take the higher road. Both parties of course have to be brought to the same junction and both parties have to be given the incentive that each side taking a little less that their original demand is in the long run a wiser choice. Pragmatic solutions are becoming the dominant mechanism for good reason – pure economics. When I am counsel in a situation like this, I evaluate every conflict as a business transaction and, putting the principle aside, find the logical solution. Occasionally, the answer is “Sue”. More often than not, the solution is short of that mark, saving the client time, money, energy and sanity.