Epilogue: Our Random Justice System: Why Do Similar Cases End up Very Differently?

• Author: Randy Freking
• Profession: Labor employment lawyer
• Pages: 97-98

97

CHAPTER

10

Epilogue

Our Random Justice System: Why Do Similar Cases

End up Very Differently?

If you find yourself questioning whether you should file a legal claim in a state or federal court, you

should understand the reality that the American system of justice, while still the best in the world, is no-

where close to perfect and, in fact, is disturbingly random.

The legal system is flawed in the sense that not all wrongs are recognized, and not all victims receive

a just result. It helps to think of the legal system as a process of dispute resolution that provides most

people with a chance of some sort of closure to their dispute. The process relies on fallible human beings

to resolve complex matters, and people perceive justice in many diverse ways.

By the very nature of the process, not all victims receive justice. In fact, most cases end with each side

to the dispute being unhappy. Many judges, in fact, believe that a good resolution occurs when both sides

are equally unhappy.

The legal system that governs employment situations is somewhat arbitrary. Identical employment

cases do not bear identical results, and many people with “good” cases who deserve a “good” result often

do not receive as much “justice” as other individuals with worse cases. Why? The reasons are multiple and

spring from fundamental misunderstandings about what it takes to receive justice.

Many different factors affect whether justice is achieved, including the following:

• Who is your lawyer, and how qualified is she?

• Who is the company’s lawyer, and how qualified is she?

• Can you afford the time and expense of litigation and handle the associated stress?