The Scorpion and the Frog

Most of us are a lot like that frog, and would like to trust each other, it’s in our nature, but we should learn to be cautious. I’m wary of many real estate agents, most attorneys, and about ten percent of my clients. Let me share with you how I feel about attorneys. Someone suggested recently that I have no respect for them, but that isn’t true. In fact, I have the greatest respect for those attorneys who seek justice, and there are many that I could name who do. Also, there are many attorneys that I admire, including one that sued me, but that doesn’t mean that I’d give him a free ride across a river. Here’s a tale from the trenches that will illustrate what I mean. I don’t remember the details, and I really don’t want to, but this is what happened. I was sued by a charming young couple who maybe, just maybe, had a legitimate case against the sellers, but who didn’t have any case against me, or their agent, and probably didn’t want to sue either one of us. However, that didn’t make any difference, because in the region where I do business inspectors and agents are commonly dragged into lawsuits by attorneys who are not likely to overlook anyone with deep-pockets just because they happen to be innocent, because these same attorneys understand that insurance companies are very likely to pay them handsome fees to simply go away. Anyway, in the tradition of most complaints, the plaintiff’s attorney filed an overstated and inaccurate account of my alleged negligence that left me sounding like a serial killer but conveniently omitted indisputable facts, for which she should have been reported to the State Bar Association. In spite of this, my attorney never protested or documented her misconduct, perhaps because of some unwritten code of professional etiquette. I never understood why, but the case dragged on and on while the fees mounted on both sides, and despite my innocence and my repeated requests to my attorney to file for a summary dismissal, the case was eventually settled by the insurance company for economic reasons. And who can blame the insurance company? My attorney did write a gracious letter to the carrier confirming my innocence and extolling the virtues of my service, to which the only response was the cancellation of my policy. Yet, in spite of everything, I don’t hate my attorney, or the plaintiff’s attorney for that matter, and I certainly don’t hate the insurance company, but I do feel betrayed and disappointed by the system, and moved to warn other inspectors about what could happen to them. And inspectors should not delude themselves by thinking that it won’t happen to them, or that this was a rare and isolated case; twenty-five percent of all inspectors will be sued, or at least that’s what Bob Pearson of Marion Allen Insurance has led me to believe. Well that frivolous and distressing lawsuit is buried in the past, but I’ll never forget how difficult it was for me to explain to my wife and children that I’d been sued and lost. Justice is merely an ideal, but it is an ideal worth fighting for. So be careful who you trust, and watch out for scorpions.