Here’s some more information on the iPod lawsuit from the “In the eyes of the law” blog by attorney Kimberly Houser. The question phrased by Ms. Houser is whether “blogging is better than going to court?” I don’t know about that. Certainly, that may the best approach for small slights or questionable business practices.
There have been a number of instances where I did my best for a client by keeping them out of court. A classic example of this was the engineering client who was wronged by a major national home builder. The client was ready to sue, but my initial question was whether the client wanted to keep or lose their relationship with this major company. Of course, the client wanted to keep it and we adjusted our approach accordingly. The end result was the major company admitted the error of its ways and continued to do business with the client. That’s a result that I can take pride in. However, there are other times where the client wants “just a letter” or where they want to negotiate, but my experience tells me that it will clearly be a waste of time. In those cases, time and money can actually be saved by just getting down to the inevitable.