LITIGATION

Before you shout I’ll sue, be mindful of what’s behind “suing”. The legal system, already overburdened and unresponsive, continues to be deluged by litigation, ie. Hurricane Sandy, train mishaps, accidents of all types, identity theft, police brutality, etc., etc., etc.

Given the state of out legal system, don’t expect a quick resolution of your “suit”. The civil justice system today takes so long to conclude (3-5 years on the average) and is so costly to navigate that it is virtually impossible for the average person to rely on it to solve problems. Such dysfunction often leads to desperation and despair especially for those buffeted by crisis (losing one’s home a loved one or one’s life savings)

The central issue is the great length of time it takes to resolve legal issues caused by mindless administrative rules, procedural rules, court rules and judge’s rules. Time blocks the mortal imperative of any court attempting to dispense justice. “Justice delayed is justice denied” is as true today, even more so, than when the phrase was first coined. The problem lies not with the basic principles of law which remain sound.

Rather, the problem lies in the administration of our legal system. It has not evolved fast enough. It has not kept pace to match the needs of our culture of accelerating technological change.

Our courts are mired in delay, bogged down with countless cases. Lawsuits often take years to resolve, they cost hundreds or even thousands of dollars and drain us psychologically and produce outcomes that can only be described as unpredictable. With few exceptions, the average person’s experience with the legal system causes them to lose confidence with its ability to deliver justice.

Most cases are settled with a compromise, with one party paying less than they should and, therefore, the other party receiving less than they deserve. This is especially true when you take into account legal fees and court costs.

If you are thinking about “suing” you will be well served to first contact the Law Offices of Lawrence L. Kaye, P.C., for a free consultation regarding your litigation and to educate you as to the realities you can expect to contend with during the life of your “suit”.

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