Everyone has seen lawyers and criminal cases on TV. From police work classics like CSI to series dedicated exclusively to following the work of lawyers in a fancy firm like Suits.

Seeing the courtroom, the interrogations and the brilliance of lawyer characters argue their case, so their client gets away with murder is very entertaining, but unfortunately not quite how the real thing works.

There are many myths and misconceptions that surround the legal industry, partly because of the influence of television and partly due to rumours that have turned into almost urban legends about what you can and can’t get away with.

Read on to find out about seven common legal myths, and what the truth is about them!

1. You decide whether to press charges or not

If you’re unfortunately the victim of a crime, there is a common myth that you decided whether you wish to press charges against the perpetrator or not.

Whilst it’s very useful if the victim will testify against their aggressor, it’s technology up to the prosecutor to press charges on behalf of the victim, the State and all its people.

2. Lawyers are very expensive

Whilst fees vary depending on a case-to-case basis, you should always consider hiring a lawyer if you have a viable claim, even if you don’t have the funds to pay a large upfront fee.

Depending on the claim you may not have to pay fees at all, for example on contingency (personal injury cases).

Consultations are almost always free so getting the advice of a professional is always recommended, plus it’s worth keeping in mind that legal fees are paid for by the defendant in settlement or successful jury award cases.

3. Lawyers must be argumentative to win a case

This is hands down a myth born out of the TV characters we know and love. While it is true that some real-life lawyers are very argumentative, some who are very successful in the profession are the complete opposite.

Depending on the type of field a lawyer specializes in, different approaches are needed.

For example, divorce and criminal lawyers may need to be confrontational due to the nature of the dispute, but business or bankruptcy lawyers will have to take a far more collaborative approach to make sure their client is successful.

There is no one size fits all.

4. A good lawyer will win every case

It is true that some lawyers will be happy to take on challenging cases and there are times when against all odds a lawyer will win when everyone thought it was all lost. This is however not always the case, at all.

Sometimes lawyers won’t even take on a case if they’re not convinced there is enough evidence, and other times they will be very upfront about how arguing a certain case is a guaranteed loss.

They will offer advice on pursuing other avenues to resolve the issue.

The point is, no matter how much bravado you think a lawyer has, there are times when they will simply not be able to argue a case successfully and lose in court or not even take it that far in the first place.

This is one of the worst common legal myths.

5. A contract must be in writing for it to be binding

The misconception here is that if there is no written evidence of an agreement between two parties, you’re not obligated to stick to your end of the bargain.

For example, if your neighbour agrees to babysit your children and you agree verbally to pay them a certain amount but when it comes to it, you refuse to pay for the service.

This is true even if there is no written contract that says you should pay, you should pay, and the law will enforce this.

Common legal myths

There are many examples where following the law does not need you to sign a physical piece of paper, so be wary of assuming that because there’s no signature there are no consequences!

On the contrary, and on this topic, some people are under the wrong assumption that signing a contract that establishes clauses that go beyond the law i.e., you consenting to mistreatment or non-disclosure of such is legally binding.

It is not. Signing a contract means nothing if the content of the document goes beyond the boundaries drawn by the common law.

6. Lawyers speak in difficult legal jargon and are difficult to understand

Sometimes a conversation with a lawyer may get technical and might leave you with a bit of a headache.

It is untrue that approaching a lawyer directly means listening to a bunch of legal gibberish that will leave you dumbfounded.

Most lawyers are sensitive to each person’s level of understanding of a certain legal issue and will do their best to unpack each topic of discussion.

This is done so that the client feels comfortable with the solutions or arguments proposed and is in the know at all times of how their representative will proceed.

7. In a divorce case, each party will get half

Unfortunately, divorce cases can be the most gruelling, frustrating, and painful legal process. If both parties don’t agree on the equal partition of their shared assets, things can get complicated quickly.

Claims of emotional damage or mistreatment, unreconcilable differences and a plethora of other reasons can lead down a road of endless negotiation, mediation and in some cases flat-out court.

It is sometimes up to the judge to decide the partition of assets, which could leave one side of the soon-to-be ex-couple with much less than the other.

Common legal myths Summary

Overall, lawyers and the legal system are surrounded with an aura of mystery, as complicated statutes and lengthy declarations are not what the normal citizens choses for their day-to-day reading.

Ultimately, lawyers, the law and the legal system are in place to serve and protect, but it’s useful to know a thing or two about the common myths that we’ve all definitely heard before about the legal industry!

We hope you found this guide on common legal myths helpful.

Author: Elizabeth is a digital marketer and content writer at Assignment Service and Academized.

Debunking Common Legal Myths: Separating Fact from Fiction

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