Winning and losing

It is a fact that it hurts when you lose – not only in a game or during sport, or in private human relationships, but especially in areas where financial losses also arise. In a law suit “winning” has a doubly pleasing effect: a positive decision has been taken and this has the consequence that the opponent has no claim to compensation and the agreed costs of the client’s own lawyer (and the court costs) are saved.

Conversely, however, losses at trial can also produce an existential crisis if truly important things are at stake. Choosing the right representatives becomes even more decisive in this kind of trial because they do not only have to master the material law (the object which the content of the trial is about) but also the rules of trial in an Austrian law suit. However, a lost case is not always (and in the best instance never) the ultimate catastrophe: The settlement of legal relations (even if they are painful in the event of a loss) always has the advantage of a definite solution to precisely that uncertain situation when everything is in the air, which was the cause for the original conflict.

In this sense good lawyers must always keep the worst case scenario in mind and be prepared for it (just as clients should be). Those who commence a lawsuit with the feeling or conviction (perhaps conveyed by one’s own client) that it cannot be lost, never fails to behave irresponsibly. After all, there would not be a trial if the end could be predicted with certainty – and although no side wants to lose, it will always happen to one party (at least in part). For this reason Austrians have the following sayings: "Vor Gericht und auf hoher See ist man in Gottes Hand" – "In court and at high sea you are in God’s hand" and the saying of the old judge: "Sie wollen Gerechtigkeit? – Ein Urteil können Sie haben!" – "You want justice? All I can give you is a sentence!"

And nevertheless there are differences in the quality of your representatives in a lawsuit: from decades of experience we know that it is not coincidence, luck or fate which decides who will have the better outcome. Much is dependent on the lawyer. Those who win – and want to remain the victors, should have us on their side, for, as opponents, we are much less pleasant.



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