Quote:
Originally Posted by extrashaky
No it isn't. You've been watching too many lawyer shows on television. I work with lawyers on a daily basis (whom I audit) who rarely or never set foot in a courtroom. They negotiate all sorts of situations in which their value is derived not from some threat of legal action, but from a knowledge of the law and a knowledge of negotiation strategy and tactics.
|
Well of course not all lawyers litigate, silly. There are real estate lawyers, corporate lawyers, intellectual property lawyers, patent lawyers. Lots of different specialties in the law other than trial lawyers.
But unfortunately for the OP, pursuing a civil tort action for property damage requires a litigator. Or were you suggesting he contact a specialist in employment law or a divorce attorney to help him with his case against the shop that he thinks damaged his car?
When someone damages another's property or injures them due to their negligence, that's a tort. Tort cases can be resolved by agreement between the parties (known as a "pre-suit settlement"). If the parties cannot settle by mutual agreement, the tort case can be presented to a third party mediator (known as a "pre-suit mediation) and settlement reached. The final resolution is to present the case to a trier of fact...either a judge or a jury decided liability and awards damages.
90% of cases settle pre-suit. The majority of the rest settle at mediation. A tiny fragment make it to trial and verdict. Nothing would settle at all if the end game wasn't a trial. Absent the threat of losing at trial, what special powers does an attorney have that would induce the dealer to do anything at all?
Lawyer: First of all, I want to make clear that in no way, shape or form would we ever take this case to trial.
Dealer: Great.
Lawyer: I insist you put a new engine in my client's car.
Dealer: Um. No.
Lawyer: I really feel quite strongly about this. You should do it.
Dealer: No.
Lawyer: If you don't put a new engine in my client's car, then you'll leave me no choice but to
utilize the many special negotiating strategy and magic tactics I, and only I, am aware of, being a lawyer and all.
Dealer: Go fuck yourself.
Lawyer: How about a coupon for ten percent off his next oil change?
Dealer: Get out of my office.
Lawyer: Very well then. I hope you are very ashamed of yourself. Good day!!