Dan's Desk

Beware the Equities

Written by Dan Gallatin | Feb 21, 2024 7:01:43 PM
Equitable claims are different than legal claims. In certain ways, they are more perilous.
 
Equity means fair in its simplest form.  As simple as that is, it is also very uncertain because you just do not know with confidence what someone else thinks is fair.  Obviously, you and the other side disagree on what's fair and each will have some basis for their belief. 
 
Therein is where the uncertainty kicks in and settling becomes difficult.  You want to have confidence in your case.  You cannot be overconfident.  You generally don't want to risk a win on a jury.  The other side is thinking the same thing. 
 
Knowing what equity claims are and how to use them is necessary.  They complement legal claims, almost serving as a safety net.  Your lawyer needs to help you understand these things, how they work, and what the risks and rewards are for each.  I'm here to be the lawyer who explains these nuances to you so you understand what you're getting into.