Dynamite dynamite dynamite. This is the lawyer, James, the dynamite audio program. It is the absolute best audio content by New York Business Attorney in both transactional and litigation practice areas. And it is helpful for all industries. Now here’s today’s episode. One more thing. Before we get started, you can reach me online by visiting my website, the lawyer james.com. The lawyer james.com. The lawyer james.com. You can call me at (212) 500-1891. That’s the office (212) 500-1891 (212) 500-1891. You can contact me by email at James at the lawyer. james.com. James at the lawyer, james.com. James at the lawyer, james.com or by text message at (917) 783-3153. Text message (917) 783-3153 that’s (917) 783-3153.
In this episode, I want to talk to you about being patient it’s. Part of the anatomy of a lawsuit podcast series, anatomy of a lawsuit podcast series. But this is very, very important. Just like all of these, these episodes I’m doing are very, very important and it’s be patient. We need to be patient be patient. It’s so important. I’m going to say it again. Be patient. I know that if you’re sued, you’re freaked out and you don’t want to be sued and you want it to be over with. And it’s so uncomfortable having this litigation New York Business Attorney, this litigation over your head, holding it over your head. Oh my goodness. It’s so scary. And it’s such a pain to deal with that. You just want to get it over with. I get it. I’ve been a party to a lawsuit. I was, I, I represented a client so diligently and so faithfully and with such fervor and I was a staunch advocate.
And guess what? The other side, the other side sued me personally, just to ruffle my feathers, but we stayed the course. I know what it’s like to be a party to a lawsuit. I’m not only just mouthing off and saying, Oh, it’s okay, whatever, blah, blah, blah. No, I know what it’s like. I’ve been there. I’ve been in the trenches. I’ve been sued. And if I don’t know, it’s fun for me, even when I was sued and I was a defendant, cause I knew it was nonsense and they were just doing it to grow a rattle. My cage ruffle my feathers, but uh, we worked hard and got the case dismissed. So it w it costs a lot of money to do it. And, uh, it was, you know, stressful. And we worked really, really hard. I worked with another attorney and we got it dismissed.
And it’s just part of the part of the process, you know, got accepted. Uh, it doesn’t reflect you on you as a person at all. It’s just, you’re a party to a lawsuit, that’s it? Uh, I, I think that you’ve got to, you know, manage expectations and thought processes is not a, it’s not a defining moment for you. It doesn’t say who you are. Not at all the allegations against you are, um, are what they are. They’re just allegations. It’s not facts. It’s not evidence New York Business Attorney. It’s just an allegation. The media tastes these allegations and runs with it and portrays them as if they’re true. And that’s why, you know, Arthur Anderson, when it got, got sued, uh, by the government, it disbanded, I don’t know how many tens of thousands of employees. And this was just from the filing of the lawsuit. It was just the filing of the allegations.
And guess what years later, you know, Arthur Anderson was vindicated. So it’s the I understand and get and appreciate the impact that even an allegation can have an allegation. Isn’t proof. It isn’t evidence. It’s simply an allegation. It’s very, very important. And I, I was in oral argument one day in front of the court and the judge was explaining to the other attorney, these are just allegations. And he didn’t say this, but this is what, how it came across. It doesn’t matter if they’re true or not. We’re going to figure out if they’re true later and for purposes of a motion to dismiss New York Business Attorney, which is getting off to on a tangent a little bit here, we just have to look at the allegations and then we’ll, we’ll see how they’re proven later. So we have to assume that they’re true for the motion to dismiss, but that doesn’t mean they are true.
It doesn’t do anything. And they’re just allegations. It’s very, very important to understand that. And while the allegations may be unsettling, they don’t really mean anything. What means, what is the most meaningful is the evidence and the evidence is documentary it’s emails, it’s agreements New York Business Attorney. It is, uh, testimony from witnesses, deposition, transcripts. That sworn testimony is evidence. And it’s, it’s a lot more than an allegation and allegations are given way, way, way more credit than they’re entitled to. The reason why they’re allegations is because this is an, you know, most well New York anyway, is a notice pleading jurisdiction, meaning that you put the other side on notice what the issue is, and you do that through allegations. Now, let me just show you the impact of, of allegations. My, a friend of mine got served with divorce, divorce papers, and he had enough perspective and understood that these are just allegations.
But he said, if I had read that, not knowing who I am, I would have hated myself. I would have hated myself as what he said, because the allegations were just so severely written. It’s just part of the process. It’s part of, uh, getting into litigation, getting, getting the, the attention of the other side. You know, we as attorneys, we have to advocate on behalf of our clients. And when we advocate on behalf of our clients, we have to tell the story in the light, most favorable to our clients. And we use, uh, the allegations and our drafting ability to do that. And it’s just part of the game. And the sooner that you, you know, you realize that you’re involved in this, in this game, give yourself some perspective, understand that it’s just part of the way the process works. That yeah, these are publicly filed documents, unless there is some reason to keep them confidential and sealed, but it’s part of the process keep perspective and just understand that it doesn’t represent who you are as an individual.
That’s very, very important. I know that it’s tiring. I know it’s exhausting. I know that it’s soul crushing and it’s not comfortable, but this doesn’t define you. It doesn’t say who you are. And it’s very, very important to maintain who you are in order to maintain your science Saturday, continue your life New York Business Attorney. And if you’re in a business, continued business, now the patient part of it is important because once you have all that perspective, you know, litigation is a serious business. It, uh, you know, if you have a judgment against you, or if you obtain a judgment that there’s great power associated with that in terms of being able to collect on a judgment, if you’ve identified assets or if your time, including bank accounts and things like that. So it’s, it’s, it’s serious stuff and we need to take it seriously. And as part of the process, it, the court system is typically a very, very slow process and what people and new litigants need to understand is that just because the facts may be what they are, there’s a difference between knowing what they are, and then there’s between knowing what they are, and then getting them before the court, the, you know, the judge.
And then, uh, after you do that, convincing the judge, and then after you do that, get the decision from the judge. So that could take a year to do that, right? Because you, the only way that you get a court to do something is by moving the court, you file a motion. And when you file a motion, the other side has a time to respond. You have the opportunity to reply, and then it either gets, well, it gets submitted to the court and the court reviews it and could schedule oral argument. And then it schedules oral argument. It could then take some time for it to review the, um, the review, the arguments, and think about the transcript. And I’m sorry, review the transcript and think about the arguments that were made in court. I think, look, look over his or her notes and then take a few months to decide what, what the results should be.
So that’s super, super important to know for context that you just, because something is, as you say it is, doesn’t mean that a is going to rule that way. Doesn’t mean that’s going to happen very quickly and it could take forever and new parties to litigation have an enormous amount of trouble with that. And that is why you need to be patient there. Okay. So there’s one of two things that you can do. One I’m sorry. Yeah. Well, the first is you settle. When you settle, you get rid of the case, you get rid of the anxiety. If you can’t handle it, then you just get rid of it. That’s one thing that you can do. All right? And then the other thing is not settled. And if you’re not settled, you’re going to fight for awhile and it’s going to take a long time.
So those are the choices. Those are the, you know, the hard, those are the facts. That’s the situation that you’re in. You want to change your situation, settled the case. It might be a little uncomfortable. You might pay a little bit more than you, then you want to pay, but you’ll be done with the case. Uh, if you want, if you don’t want to settle, then you need to litigate. And when you litigate, it costs money and it takes an enormous, enormous amount of time, enormous amount of effort. And you are subject to litigation risks that we talked about in another podcast episode about litigation risk in the anatomy of a lawsuit series. And that is why you need to be patient, be patient, be patient, be patient is going to, if you’re going to litigate, it’s going to take a really, really long time. And it’s going to be very, very expensive time consuming and draining. And if you’re up for the fight, go for it. I’m a fighter. I love to fight. I love, I love the litigation part of this. It’s so much fun and it’s so invigorating and I have thick skin and a stomach for it. And I get a blast doing it. I have a blast doing it, and it’s not for everybody, but if you’re in it, be patient, you can reach me
Mine by visiting my website, the lawyer, james.com, the lawyer james.com. The lawyer james.com. You can call me at (212) 500-1891. That’s the office (212) 500-1891 (212) 500-1891. You can contact me by email at James at the lawyer, james.com. James at the lawyer, james.com. James at the lawyer, james.com or by text message at (917) 783-3153. Text message. (917) 783-3153 that’s (917) 783-3153.