Friday, March 23, 2007

sue when it matters

This morning, out of the blue, I received a phone call from an old friend. I was excited, because I’d not heard from him for ages. He was my schoolmate and we used to cycle to school together. I didn’t know what had happened to him since then.

He wanted to meet me for some legal advice. Obviously someone had told him that I’m a lawyer now, I couldn’t remember telling him that I’m a lawyer.

He had problems with one of his business partners and he wanted to sue him. He fed up already because that guy broke many promises. Apparently that guy owed him some money.

So we met, he told me his story. He told me what he wanted from that guy. I asked him whether that guy had money. He told me, that guy had nothing but trouble. I asked him whether he got enough money to engage a lawyer and to pay for his legal cost. He said he had none for now. But he promised to find it if necessary. Actually he got a good case against that guy, it was a clear cut case, and it was about a friendly loan between them.

So I told him that litigation is time-consuming process and it would cost him some money. I didn’t want him to waste his money chasing poor people, coz at the end, he got nothing but cost. Unless he didn’t care for his money, so he would go all out after that guy.

Finally he said he’d think about my advice and promise to call me later. We said goodbye.

From my little experience, in most civil cases, litigant or plaintiff’s main purpose of suing people is to get back whatever his rights and to recover whatever loss that he had suffered. He doesn’t want a paper judgment. He doesn’t want to bankrupt or destroy people. He just wants his money back or whatever due to him. It’s as simple as that.

That’s why I guess it’s safer to do business with rich people. At least you know that he has something, in case of anything. I would advise people that before we sue someone for money, please make sure that he has money in the first place, unless you sue him as a matter of principle, maybe as deterrent or lesson. But hey! I guess we should be more forgiven sometimes.

So please sue when you are sure of it only.