Since 2010 I’ve handled all types of legal disputes in civil and criminal courts. Most civil litigants and criminal defendants are tough, hardheaded people. (That’s often what brought them to court in the first place.) Nevertheless, nearly all them are willing, when necessary, to negotiate and make concessions with the opposing side. They realize that failure to do so will ultimately lead to a trial where one party loses big.
A small minority of clients, however, is not so prudent or reasonable. Every now and then I get a client who refuses to give an inch. It must be 100% his way or nothing else. Occasionally–very occasionally–this works out for them. A criminal defendant with a weak case may convince the jury that he’s completely innocent. Or a civil litigant may win big at trial and collect a small fortune. But this often isn’t the case.
In realty, most uncompromising people have a very tough time in the legal world. This is because the court system–both civil and criminal–is designed to move at a galactical pace which compels parties to compromise and settle they dispute without litigation.
Most criminal proceedings can drag on for two years or more before going to trial. During that time the defendant must appear every month or two for pretrial hearings, often waiting for hours before his case is called. Throughout the pretrial stage, the defendant may be subjected to drug or alcohol screens or any number of other conditions. If he violates these conditions or if he commits a new crime during the pendency of his case, his bail will be revoked and he’ll go to jail for up to 90 days.
Things are no better for civil litigants who refuse to negotiate. While a criminal case may take two years to be tried, a civil case might easily go on for a decade (if you factor in collection proceedings.) Such litigants, if they have money, are often simply cash cows for their attorneys who continue pretrial conferences for years.
There are times, of course, when a person is entirely justified in digging in his heels and refusing to budge on a legal issue. When, for instance, a criminal defendant is wrongly accused of a crime, he should not be bullied into a plea deal. Likewise, there are times when a civil litigant absolutely cannot back down from a legal fight. But in most cases, people involved in legal proceedings should, at the very least, listen when the opposing side makes a settlement offer or suggests a plea deal.
Small typo in last sentence of this paragraph:
In realty, most uncompromising people have a very tough time in the legal world. This is because the court system–both civil and criminal–is designed to move at a galactical pace which compels parties to compromise and settle they [their] dispute without litigation.