Runkle Consulting Inc.
July 18, 2017

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This newsletter I am looking at being a plaintiff in a lawsuit from a layman's point of view.  It's a rather cynical view of the legal system from my experiences in it as a plaintiff (once and only once) and as an expert witness, plus some horror stories from friends of mine who brought lawsuits against people and businesses.  No matter what you've heard, we have a really good legal system here.  I've been to countries where the legal system was based on which side was closer related to the Sheik that ruled the country or who had the most money to pay off the judges.  Those countries are not easy places to do business.  Our system is relatively fair, is open, and moves fairly quick compared to other countries.  You just don't want to use it if at all possible.

I had meant to write a second article about why it is often a bad idea for individuals to buy stocks directly as an investment, but an experience in Charlotte and a stupid article in the Wall Street Journal inspired me to give my own fashion advice.  He're a spoiler now - don't take fashion advice from an engineer.

Anyway, have a great week!

George
George W. Runkle III, MS, PE, PEng
President, Runkle Consulting, Inc.


Law legal legality background scales attorney lawyer

Can I Sue?
I get asked this question a lot by homeowners in particular.  I am not an attorney, so I can't answer that question.  However, having been a plaintiff in a lawsuit once, and having worked as an expert witness in numerous others, I can as a layman tell you pretty much what you get to go through when you sue someone.  Personally, my experience was bad and I would have been better off letting the issue go.  With a lot lawsuits that I've seen that was the case.  Here's what I have learned:
  1. The law allows you to sue so you won't need to sue.  That sounds contradictory, but it is contradictory like the fact that Russia and the US have not gone to war because we would destroy each other.  A lawsuit is your atomic bomb.  For example, I worked as an expert witness on a job where there were numerous construction defects.  The insurance companies were stepping in and the main issue legally was who would pay for what.  The reason they were being so cooperative was if they weren't, the homeowner would certainly sue, and that would not be good.  So, the fact that the law gave the homeowner a club meant he didn't need to use it.
     
  2. Lawsuits are expensive.  A good attorney is very expensive, and attorneys charge for every minute you speak to them.  If you are my client and you call me for a quick question, I generally won't bill you unless you do start to eat my time up every day.  If I call my attorney for a quick question, I expect a bill at the end of the month.  Add to the attorneys the expert witness fees, the legal assistants' rates, and the court costs. 

    The hours will be extensive.  You are going to pay for the hours eaten in depositions.  You will pay for the hours your attorney spends preparing the many different bits of legal paperwork, the time she spends on the phone to the opposing attorney, the time in court, the depositions...  Also, your time will be eaten up too, which is an added cost that could equal your legal bills or be even more.  For example, you will need to be at the depositions and court hearings, and you and your staff will be spending time gathering documents during discovery.  All the while your legal bills are going through the roof.  I must mention, a friend of mine brought a lawsuit and AFTER all the depositions and discovery happened saw his lawsuit dismissed.  A lot of money spent and nothing happened.  He was sure right until that moment that he was going to win. 

    If your target is insured, you can be sure the insurance company will run you through the ringer just to make it expensive for you and get a better settlement to make you go away.  I think a good number for suing someone is $100,000 or so, but it probably is higher.  Your attorney may want that in advance as a retainer.  I found as an expert witness that people don't pay their legal expenses when they lose, so it is generally customary for everyone to want their money up front to avoid that. 

    Just think if you went to Vegas with that money.  If you bet it all on red at the roulette wheel you are statistically going to get half of it back. Meanwhile you get free drinks, and with that amount of money will probably be comped rooms and meals too.  I'm just saying...
     
  3. You will find an attorney that will tell you that you will win.  Almost all the clients I've worked with had attorneys that told them their case was a slam dunk, right up to the point they lost in court.  Maybe the first attorney you talk to may tell you that your case is hopeless, but if you call around you'll find someone that will tell you that you've got it nailed and you will win big.  You represent a couple hundred dollars an hour for saying "yes".
     
  4. You can get counter-sued.  During my lawsuit, I realized this, and that scared me.  A friend of mine brought a lawsuit against an unethical competitor and he found himself the target of a nuisance suit over a matter that his insurance didn't cover.  I felt bad for my friend, but I have o admit, I thought it was an act of shear genius.  A lawsuit is a threat and people don't take threats very well.  A counter suit is also a very good tactic to make you go away.  In fact, it is one time when you really SHOULD bring a lawsuit.
     
  5. It's emotionally draining.  When I brought my lawsuit, the defendant's attorney made me feel like a total scum.  Attorneys are good at that.  A good attorney can make you doubt the sun came up, they even do that repeatedly to me when I testify as an expert witness. Be prepared for the defendant's attorney to go after you every which way, and use every possible way he or she can think of to intimidate you legally.  They are usually good at that too.  It is what they are supposed to do.
     
  6. You won't "teach someone a lesson".  In my lawsuit that was my exact thought, I was going to get even.  It was against a family member and all it did was make that person hate me even more.  The "lesson" that person learned was that I was a jerk. I learned that it could be really expensive to make someone really hate me. Maybe I should mention that the person that you are suing may be covered by insurance, so your "lesson" is going to be a lesson in inconvenience and maybe an increase in insurance rates.  You might scare them if it's the first time they've been sued, but a huge percentage of people in business get sued, so you probably won't achieve even that. Meanwhile you spent six figures and MAYBE got some of it back in a settlement. All those trite phrases about revenge end up being true.  If you have been wronged the real revenge is to let it go and move on with your life.  I wish I did.
     
  7. Juries are unpredictable.  That's why a huge majority of lawsuits end in settlements, and you probably will too after the defense attorney puts you through hell.  When I was in the Pennsylvania Air National Guard, one of our members sat on a jury.  A teenager lost his arm in a farming accident.  You would think the jury would award him a lot of money, losing his arm at a young age and all.  They gave him $12,000.  The reason?  They figured "he should have known farm work is dangerous".  I suspect the insurance company offered a lot more than that before it went to trial.
If this seems rather cynical, it is.  A childhood friend of mine had a father who was a used car dealer.  He got sued repeatedly, and he always said he could predict if he'd win or lose, "If I'm wrong, I'll win, if I'm right, I'll lose..."  Every situation is different, but from what I've seen suing someone is often a very bad way to solve disputes.

AVOIDING THE FASHION POLICE
How to be a well-dressed man past 50, or not.
No...no...no. Don't please.

A couple of weeks ago I was staying at an AirBNB place in a hipster neighborhood in Charlotte, NC.  I decided to walk to dinner, and I walked by a house with a bunch of 20 somethings sitting on the front porch, and they openly stared at me and snickered.  I guess it was either a. my cargo shorts are out of style, b. they don't think they will ever age, c. both.  As in all multiple-choice tests, "c" is probably the right answer.  They probably told all their coworkers about me at work the next morning as they were making soy lattes for the customers standing in line at the Starbucks where they all work.  Whatever...anyway it got me thinking somewhat.

Then I read an article in the Wall Street Journal on how I should dress as an older man.  In case you don't click the link, or it won't let you in, the WSJ, here's one of the recommended ensembles: Above: Officine Générale Jacket, $1,325, bygeorgeaustin.com; Polo Shirt, $125, sunspel.com; Jeans, $125, sidmashburn.com; Sneakers, $845, Brunello Cucinelli, 212-334-1010 

There were four ensembles recommended, and the cost of the total was over $12,000.  So, if you are a well-paid person, and understand "well paid" varies by how much you make, the article recommends you put out a significant percentage of your income to buy close to wear for ONE WEEK!  I don't know about you, but my parents gave me hell for buying $10 Chuck Taylor sneakers.  If I went out and spent $845 for buying a pair of sneakers, my mother would rise from the grave.  There would be a Zombie Woman seen walking down I-85 from Washington, DC to break into my house and strangle me, and I would deserve it.
Here's some of his other advice:

1. THE ZIP CODE  Between a mid-life-crisis biker jacket and an overly collegiate fleece, lies the distinguished suede bomber. Wear it over a polo with enough heft to its fabric that it won't cling.

2. BEST DENIM  Dark-washed, straight- legged (read: not Al-Bundy baggy) and free of distressing or intentional holes: These are the jeans every dad should aspire to. Wear them with under-the-radar, solid leather sneakers to finish off a dignified downtime look.

I've never met the guy that wrote this, but I have a feeling he has a face that makes you just want to punch him.  If you put this kind of thinking into how you dress, dogs will run after you and just bite you "because".  Dogs seem to sense people that need to be bitten, and you will be one of them.
 
It made me think, what would be a real solution.  How should we dress as "older" men?  This is my solution:

Pants: Blue jeans (Levi or Wrangler).  You can buy them on Amazon for cheap, or go to Sears.  Nobody shops at Sears anymore so everything is cheap there too.  Don't worry about whether they are too baggy or tight or whatever.  Anybody that cares how your jeans fit you is a twat, it's your business not theirs.

For dress, I recommend khaki pants.  They are safe, men have worn khakis for a long time.  I'm pretty sure the 12 Apostles wore them.  Whenever you see a church picnic, the men are always wearing khakis and that is why.  I don't know if they are supposed to be pleated or what, just buy khakis.  You can buy them on Amazon too, or get them when you go to Sears.

For shirts, T Shirts are good.  They are cheap.  If nobody's looking you can use your t-shirt to wipe your face.  They sell T-shirts just about anywhere.  However, if you get souvenir t-shirts they will shrink up so bad after the first time you wash them they won't go over your stomach.  Your t-shirt should always cover your stomach, unless you are sitting on the couch watching baseball. Then it doesn't matter.  Get Carhartt t-shirts.  They don't shrink, and you can buy them at hardware stores or Amazon.  They also come with pockets.

If you must dress up, you can wear a polo shirt.  Those have been around for a long time too, I'm pretty sure that's what the 12 Apostles wore with their khakis.  You should buy polo shirts from Land's End because it makes it sound like you actually care how you look.  You can say to people, "like my polo shirt?  I got it from Land's End".  That way they will think the polo shirt is a good-looking polo shirt and you know how to dress.  Actually, buy your polo shirts anywhere, just tell people you got them at Land's End. They won't know.

For shoes, I don't know.  Whatever is comfortable and on sale.  I have a $100 set of steel toed boots, don't get those unless you must for work.  They are uncomfortable as all get out.  Also, never buy sneakers at Wal-Mart.  They are all the same size.  I wear a size 12, and went to Wal-Mart and found their size 12 didn't fit me.  I put them against the size 10, and they were EXACTLY the same size.  Wal-Mart has one size of shoe and just labels them for different sizes, but that doesn't make them fit your feet.  Otherwise, you can buy shoes anywhere you want. 
I use Amazon because I hate going shopping.  I have a pair of Chuck Taylor sneakers, I think they still cost about $10, which makes them cheaper in real dollars than the cheapo no brand name ones Mom bought for me on those tables of ugly shoes at discount stores.  Those shoes lasted about two or three weeks, the "Chucks" lasted until I grew out of them (two or three months).
We had fashion police when I was in the Army in the 70s. Here a Military Fashion Policeman is preventing these soldiers in their ugly bib overalls from leaving the Company area.

For shorts, just get some cargo shorts.  Who cares?  Fill the pockets up with all your stuff, that's what they are for.  I know they are "out of style", but who are we kidding?  Once you pass 50, you get Diplomatic Immunity from the Fashion Police.  You are probably married, so you don't need to attract a mate.  Your significant other probably won't leave you because you put on the wrong shorts.

If you aren't married, it doesn't matter either.  Once you pass 50, what women of the same age range qualify as a suitably attractive man changes.  They find "employed in good job" is very sexy.  For looks they like "able to breathe unassisted".  As for how you dress, as long as you aren't wearing a Speedo they don't care.  No man over 50 should ever where a Speedo, your immunity won't help you there.  If you are over 50 and you go on a public beach with your wife, she may leave you.  When she tells the judge why, he will award her everything you own and everything you will own.  Your kids will probably disown you.  I'll bet your dog will bite too, just because...

OK, just wear whatever you want.  At this age life is too short to worry about being fashionable and what a group of 20 something idiots on a porch think.  If you tell everyone you got your clothes from "Land's End" it won't matter anyway.


George


George Runkle, MS, PE
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