Bouncing Back From Legal Defeats

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Legal defeats

Almost all justice systems around the world work in an identical manner, whereby they carry out their judicial functions and eventually reach a point where they can declare one of the parties as victorious over the other party, which is held subject to defeat.

This latter party, as a result of its defeat, is hence supposed to comply with the rulings passed by the Justice System, which adjudicates in the matter. The Justice System, in its rulings, often prescribes damages, injunctions, declarations, directions, or other remedies in support of the winning party, which the defeated party is obliged to conform with.

However, upon an adverse order, you always have the right to appeal to a court or tribunal higher in stature than the court which had initially tried the case. But remember, despite appealing the case, no appeals can really be relied upon, mainly for the reason that appeals are often only ruled out on questions of law.

Dealing with the loss of a legal battle

Losing in legal battles tends to give rise to many hardships apart from financial burdens you may be facing. At times, people subject to this loss often vent out such exasperation by criticizing the legal system and, in some instances, by acting rebelliously against the judicial procedures. An unfavorable order coming totally out of the blue may also demotivate you from furthering your legal case and going for an appeal at your sole disadvantage.

However, no matter how you may feel, try looking at the bigger picture of events and assessing how to react to them in the most rational manner. Realize how the legal system works and the sanctity of judicial procedures and be well aware of the destructive results of causing contempt.

Factors that trigger plaintiffs to react

After a legal case is lost, you may be indulging in regretting hiring your lawyer, doubting their capabilities and honesty, and even regret the decision of not to go forward with a settlement instead. There have been instances where clients who are unsatisfied with the court’s order have bullied their attorneys for not performing up to the expected result.

But have you considered that your case was not strong enough to win and your lawyer still decided to help you?

It is understandable that dealing with legal defeats triggers emotions such as frustration, anxiety, depression, or even embarrassment when justice is not served. When these emotions hit, just remember that lawyers act in their best faith and responsibly perform their roles as fiduciaries to their clients and ultimately are inherently programmed to aim exclusively for winning and nothing lesser. You are not the only one who is defeated; your attorney also lost and does not deserve mortification for not being able to achieve the desired results at first.

Another factor that may trigger you to react negatively to legal outcomes is the nature of the legal system in the US and most of the civilized world. The overall legal system, i.e. the adversarial system, owes the foundations of its adjudicatory methodology to the representations made by victims in their motion.

Remember, the court only has pieces of evidence exhibited and witnesses produced by you and your incident, and that’s all they rely upon to decide on your case based on the apparent merits. 

In this scenario, the chances of giving unfair favors to anyone are greatly minimized since the court cannot actively engage in investigating the factual controversies itself and because individual peculiarities are not permitted to disrupt the uniform application of laws. 

This motto could be the best legal win and should not provoke your harsh response.

Appealing your case

It could also often be, for reasons of misapplication of precedents or legal technicalities, that the courts have no choice but to reach a decision that wasn’t the outcome being reflected during litigation. At times, courts are obliged under the shackles of precedents and hierarchical conformities to apply previously decided cases similar to the one at hand and decide upon them accordingly. 

The good news is that you can almost always resort to appealing against adverse orders to your utmost satisfaction to get redressal of the wrongs done to you or to cure judicial defects that would allow the higher court to deal with the request to broaden its basis of set rules and decide upon the case.

But remember, even for an appeal to be done, they will embrace the current state of facts. Any radical reaction you may have engaged in against legal failures can entail far-reaching consequences, severely harming your appeal case. 

Ultimately, your attorney can make well-thought appeal considerations, appropriate alterations in legal strategies, and rely upon newer professional outlooks to the case at hand to decide upon the future course of action, which could either include settling upon the position already ruled out by the court or challenging such via appeals.

Last thoughts

The overriding desire for victory, apart from being fed in an attorney’s legal training, is also something that lawyers face as part of a society intolerant to defeat. The legal atmosphere is characterized by hostility and outrage on a daily basis, with a hustle to win often causing undue aggression and heated encounters between lawyers. 

On top of that, when a case is lost, an attorney is also grieving the loss of the case and the emotions of failure for not achieving a successful outcome. 

No matter what negative thoughts you may have about your losing case, in the absence of proof or solid reasons supporting your negative mindset, you should not blame your attorney for a job done all the way. 

Be accountable, and do not impose blame or censure upon your lawyer because no legal case is ever promised, and all legal claims have high risks. 

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