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Betting on Litigation

By Stanley P. Jaskiewicz
October 30, 2006

Lawyers today seem to be the favorite butt of jokes. Perhaps the only thing businesspeople like less than lawyers is the ordeal of going to court. Certainly, the perception among many is that American lawyers 'sue first, (and) ask questions later' ' to the tune of an average legal bill of $20 million per year for litigation for major U.S. corporations, according to a recent survey (see, http://houston.bizjournals.com/houston/stories/2006/10/09/daily16.html).

Ironically, technology is playing a role in nurturing this inaccurate perception at a time when lawyers more than ever need technical savvy ' especially those involved ever more in advising e-commerce ventures. A simple Google search reveals many Web sites that perpetuate the 'sue-first-question-later' myth (see, eg, www.mediationtools.com/articles/suefirst.html or www.princeton.edu/~innov/may2004/m2004viewpoint.htm). A university scholar has even published a book about lawyer jokes (www.amazon.com/Lowering-Bar-Lawyer-Jokes-Culture/dp/0299213501).

Yet, these stereotypes aside, our judicial system often benefits the winner of a race to the courthouse, with the prize being the winner's choice of venue and procedural advantages. And this reflects on society at large. Culturally, we praise the person who appears ready to fight, rather than to negotiate out of one, by teaching schoolchildren Teddy Roosevelt's famous policy, 'Speak softly and carry a big stick,' among other slogans of aggression.

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