Common Client Mistakes:
Expecting to Get Justice by Going to Court

One of the most common of all mistakes a client makes when he or she retains the services of a lawyer in regard to a legal matter is the idea that the client will get justice by going to court.  The reality is, the court system is not a justice system but rather a judicial system … and there is a significant difference.

The Court System:  Balancing Interests

If you are facing the prospect of some sort of legal action -- if you have hired an attorney -- you need to understand the general mechanics of the court system.  In the simplest of terms, the court system is not designed to provide justice in the pure sense in each and every case.  Rather, the workings of the court system in this day and age is to reach a balance of interests between parties to a case whenever such a balance is possible.

You need to enter the court system with realistic expectations as to what will happen.  You need to understand the limitations of the court system and of the legal process when you hire an attorney.

The Court System:  Overworked, Overscheduled

The judicial system in the United States is marked by the fact that courts are overscheduled, overextended and overburdened.  Thus, becoming involved in the court system can be a frustrating process even under the very best of judicial circumstances. 

If your lawyer does not fully apprise you of the state of the judicial system in the United States as far as scheduling and related issues are concerned, be certain to ask specific questions.  You are better served having realistic expectations regarding what to expect from and in the judicial system as opposed to having unrealistic expectations.

Trials are Not Always the Answer

When many people become involved in a legal situation they are literally nearly hell bent on the idea of “going to trial.”  The same holds true for people involved in civil and in criminal cases.  (Indeed, the same holds true for people involved in divorces and child custody and support cases as well.) 

There is a natural inclination for a person to want his or her day in court.  However, the concept of “getting your day in court” does not necessarily mean that a person should head off headlong towards a trial.  Trials are not always the answer. 

Many people who have experience in the court system actually consider going to trial to be something of a roll of a dice.  If you reach the point in a case, you really are putting your life, your future into the hands of other people.

More information on expecting to get justice by going to court and the pros and cons of a trial can be found at any number of the websites that are in operation on the Net dealing with assisting people in finding lawyers.