Getting served with a lawsuit — especially the first time — can be overwhelming and stressful. We typically ask new clients about the emotions they feel after being served with legal papers, and range is broad, but consistent. Fear, Concern and Anger top the list of most-frequently identified emotions where real estate lawsuits are concerned.
The questions new Defendants tend to ask upon learning they’ve been sued are:
Fear – Can I go to Jail? Is everything I own at Risk? Can I lose my home/land? Are my professional licenses going to be adversely impacted?
Concern – How much is this going to cost? What can happen to me? Why is this Happening?
Anger — This is ridiculous. What a waste of time and money. This is full of lies!!!!
Confusion — What Do I Do? Who Can Help Me? When Do I Need to Act? Where Do I Need to Go?
This is perfectly normal. As has been stated for centuries, the law and the justice system are languages and worlds unto themselves. These worlds are unknown to most first-time litigants.
As with most fears, those arising from being sued are primarily of the UNKNOWN. These simple truths should ease some of your concerns and help you approach the problem from a practical angle:
- Civil Lawsuits Don’t Impact Your Liberty. Almost all civil lawsuits seek one thing: $$$ MONEY $$$. Other relief is commonly requested in real estate lawsuits, including court declarations, title determinations, etc. However, incarceration is not an available component of the relief or damages that a civil court can award to a Plaintiff.
- Few Things Happen Quickly at the Courthouse. Perhaps the most frequent complaint I receive from clients is how long a lawsuit takes to resolve. This is true whether resolution comes through trial or by settlement. While this can be frustrating, it also should relieve a new litigant to know that the problem doesn’t usually involve immediate consequences. If you are served with a lawsuit, promptly seek legal assistance, but know that there exists a reasonable period between being served and a Defendant’s time for court action.
- The Deadlines and Rules of the “Game” Are Spelled-Out in Writing. Lawsuits are governed by a strict set of guidelines called the Texas Rules of Civil Procedure (“TRCP”). These Rules are adopted (and from time-to-time updated and amended) by the Texas Supreme Court, which is advised by a Committee dedicated to advising them on procedural rules. The express purpose of the Rules “is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law.” However, the TRCP are long (approximately 800 Rules in total) and can be confusing — even for lawyers. Truth be told, an alarming number of attorneys aren’t very familiar with (or just don’t bother to read) the TRCP. But, it’s all in there. Even a perusal of the TRCP online will give most litigants a degree of understanding that can abate the fear of the unknown world of lawsuits.
- There is Still Plenty of Opportunity for Negotiation/ Settlement. Only a small fraction of the thousands of lawsuits filed each year go to trial. The vast majority of lawsuits are settled, and others are dismissed. Even where the parties or their lawyers have “difficulty” communicating, settlement discussions will occur. This happens for a few reasons. First, every lawsuit (even the proverbial “slam dunk”) has associated risks. There are absolutely no certainties at the courthouse. This uncertainty promotes settlement discussions. Second, as stated above, trials are long in coming, and trial dates frequently get postponed. In law, delay equates to expense, and expense encourages settlement dialogue. Third, most Texas courts require the parties to civil lawsuits to attend a mediation before a jury trial can be conducted. Thus, even where the parties would ordinarily refuse to engage in a settlement discourse, courts impose a duty to engage in good faith alternate dispute resolution. The fact that a suit is filed does not mean that settlement is forever barred.
- There Are Qualified Lawyers (Some of Whom Who Are Also Good People) That Can Help. Lawyers Are People. Some are bad people. Others are decent folks, but bad lawyers. However, there do exist plenty of talented lawyers that are also caring and compassionate people. As is generally true with any group, some of the stereotypes about attorneys are accurate. In fact, sometimes the very best lawyers are the biggest jerks because their egos are inflated by success. Conversely, many talented lawyers achieve fulfillment and professional accomplishment without becoming overly prideful. I’m always most humbled and honored when my clients (people I met because they came to me for help and paid me for my services) call me a “Friend,” or introduce me that way. No matter whether your legal problem is a real estate lawsuit or another litigation, there is an able lawyer who can help you, and do so in a way that “fits” with your personality. Finding the “right” lawyer will take some work. HINT: The best and most expensive advertising campaign doesn’t usually translate to the best legal service. When you think you’ve found a lawyer whose practice includes the subject matter of your legal problem, be sure to evaluate their people skills before paying a retainer.
- The Other Side is Spending Money Too. One truth of our legal system is that lawsuits are expensive. In addition to attorneys’ fees, there are charges for court filings, copies, depositions, investigators, experts, etc., etc., etc. While the suit is pending, both the Plaintiff and the Defendant “sides” are incurring these costs. For the Plaintiff, paying these costs can be particularly frustrating because most Plaintiffs believe that they have already been wronged or damaged. Thus, they often believe that they are spending dollars chasing dollars already due to them. Where the Plaintiff has secured representation under a contingency arrangement (where the Plaintiff’s lawyer gets paid only if and when the Plaintiff gets paid), the lawyer is financing the lawsuit. Doing so in a real estate lawsuit is as risky and undesirable to the attorney as the defense costs are to the Defendant. Defendants often forget that Plaintiffs are spending money too, and doing so with no guarantees of recovery. Keeping this in mind should alleviate some of the resentment associated with being sued.
Some of the best free advice related to lawsuits is this: Take the emotion out of it. Whether you have been served with a real estate lawsuit or one related to another controversy, it is important to remove “feelings” from the equation. You are facing a business and financial problem, and making rational business decisions is essential.
