A while back I had a client ask me if I had ever lost a case. I guess it’s no surprise that no one advertises the cases that had a bad result. It sometimes is difficult to categorize a win or loss because the verdict might be more than the offer from the insurance company, but less than the demand for settlement. To me, that’s a loss too.
Unfortunately, I have had worse results than that. During my second year of practice, I represented a man who had got beaten up by another man. So, I filed a lawsuit for damages because of my client’s injuries… from being punched.
The defendant denied everything and claimed that my client had started the fight. Of course, there was that small matter of the obvious. The defendant was about 250 pounds and my client weighed about 90 pounds, if he was soaking wet and full of bananas. I suppose that the saying, “it’s not the size of the dog in the fight, it’s the size of the fight in the dog”, could have been argued.
The trial only took a couple of hours. The jury came back with a verdict. The piece of paper was handed to the bailiff, who handed it to the Judge. I was looking closely at the Judge’s face for any clue about the verdict.
The Judge began to read the verdict. “We the jury find for the plaintiff”. The Judge paused. Then he continued, “and award damages in the amount of… $1”.
My client was gratified that the jury believed him. He wasn’t happy that the verdict was only 1 dollar. And it didn’t matter to him that I did not charge my fee of 1/3 of the recovery… 33 cents.
I recall an attorney once telling me that losses make us better lawyers. I prefer a different method of improvement.
And for pic o’ day, this is one that you might have to think about a little bit: