Victor or Victim | Attitude Counts in Estate Litigation
All of us are now enduring the COVID-19 pandemic. And, while we’re in the same storm we’re in different boats. This is life. And in life we know that attitude counts. Particularly an attitude of gratitude.
Now, in my fifth decade of law practice, I’m reflecting upon how attitude affects legal cases. A victor attitude is an acceptance, an embrace, of our personal responsibility for our actions. It is not a false confidence. It doesn’t get lost in blame. It is a commitment to endure – to persevere.
For those grounded in the Judeo-Christian tradition it is an expectation that God is at work in our lives – to heal, to mend, and to provide. We have all had challenging times – health, grief, and other losses.
And, in looking back, it cannot be said that a victim mentality helps to overcome these challenges. Rejecting personal responsibility for actions, expecting failure, and feeding resentment are a poor mix for victory. I’ve seen how clients with the attitude of a victor are different from those who embrace victimhood.
We at Hackard Law are regularly engaged in estate, trust and elder financial abuse litigation. More often than not, we represent a person or family who have experienced loss. Ultimately cases go to trial, settlement conference or mediation. Our client has often lost his or her vested interest in the estate. They have been cut out of a will, a trust, or family assets have already been transferred to a wrongdoer.
Clients committed to a victor attitude realize that whatever is recovered in mediation, settlement or trial is more than they had before. Litigation has risks – risks that everyone, plaintiff or defendant, encounters. A client needs to weigh these risks when it comes to resolution. We help to identify the risks as well as the rewards.
Clients have not been singled out in the universe to be a victim. Ultimately, they must take the personal responsibility of deciding to settle or go to trial. And, if they go to trial, they need to understand both the possibility of losing or, if winning, have the case appealed. This is a reality. It is not negative thinking.
At Hackard Law we take substantial cases where we think that we can make a significant difference in bringing a wrongdoer to account.