Prepare for trial but win at settlement

Similarly, be respectful of the opportunity to speak with opposing counsel and the judge in chambers. Remember that there is a difference between making an argument and being argumentative. Once you have made your presentation, focus on listening. Additionally, treat courthouse staff with kindness, and do not overly distract them from their other responsibilities. Key in on the both the arguments made by opposing counsel, as well as the suggestions from the judge. You may learn facts about the case that you did not know before shockingly, some clients are not forthcoming about things they know could hurt their case , and you obviously want to keep track of any settlement ranges, calculations and relevant case law, for review later.

Do not assume that you will remember the conversation perfectly after you talk to your client about it, think about other pressing cases, and then sleep on it. Just as important as knowing the most effective time to have a settlement conference is the ability to know when the settlement conference should be over.

Sometimes, the timing is dictated simply by availability. Other times, it can become clear that additional conversation is not going to move the negotiation forward. Certainly, if it has digressed into shouting, personal attacks, or if it has strayed widely from the current issues at hand, it is time to end the conference. Finally, once the judge has made recommendations, you are unlikely to get a different result short of putting on your evidence at trial.

In sum, prepare for a settlement conference in much the same way you would any other hearing: by working with your client, doing your research, and making an effective presentation. Be an advocate, but be mindful of the fact that attorneys and judges for that matter may not be as willing to conduct settlement conferences with you in the future if you cannot be civil. No matter your situation, if you would like a free consultation regarding an upcoming mediation your are scheduled for, please feel free to call me personally at A West Point graduate where he served as captain and military aviator, John Bair continues his commitment to our country through his efforts within the settlement planning industry.

By clicking Send you agree that the submission of this information does not create an attorney client relationship. No attorney client relationship is created until a written agreement is signed. Legal Jul 12, 6 min read. Milestone Consulting, LLC. Contact John. If there were a mediation checklist or settlement checklist it would look something like this: Fully briefed on the legal aspects of the case with an understanding of your chances of success at trial, and how long that process will take, to include an appeal.

Write down your goals for the litigation, and the things that are most important to you and your loved ones. These will translate into a settlement strategy that you can easily articulate to your trial lawyer and settlement expert. Examples may include making the defendant publicly apologize, or to make a donation to an important cause or charity; purchasing a home or being able to bring your loved one home from a facility; replacing lost income and healthcare benefits to insuring that your children are properly taken care of after you are gone.

Come to the Mediation with realistic expectations that are grounded in what you will need to live in dignity for the remainder of your life. Maximizing your settlement is an essential step toward recovery, and our experienced and professional legal team is prepared to attain for you the compensation you deserve.

Shared below are reasons to consider preparing for trial in an injury case you might otherwise intend to settle, and ways in which you can work with your personal injury attorney to stand strong and earn yourself that higher settlement. It is likely the defense has experienced similar cases and is used to maintaining control and settling quickly without any kind of fight when they are dealing with an unrepresented party.

If they question your willingness or fortitude to take the case to trial, if necessary, they will try to exploit this as a weakness. However, you can use their intention to avoid a more costly outcome should you win the trial to your advantage.

When you are in the process of negotiation, it is crucial to convince the defense that it is in their best interest to settle the case for the amount of your demand.

The only reason they would be interested in settling your claim, rather than denying it, is to avoid a greater risk of liability at trial. To mitigate their risk, it may be beneficial to agree to your settlement demand instead of facing a potentially more expensive verdict in a trial.

Preparing for a trial tells the defense that you are prepared and not intimidated: So, how can you convince the defense that it is in their best interest to settle your claim? By presenting the same compelling evidence that would enable you to win your case at trial. By rejecting an undervalued settlement offer, you are proving to them that you are serious, have the evidence and documentation you need to win, and are willing to make the commitment to earn what you deserve.

The discovery phase is a significant part of the settlement negotiation or litigation process: Prior to trial is the discovery phase of the litigation process, which is your opportunity to build your case through documentation, interviews, and deposing witnesses. How to Prepare for Trial: A Chronological Look As a case approaches trial, there are many details that need to be addressed.

Here are a few things to keep in mind when preparing for trial: The Trial Preparation Checklist — The purpose of the checklist is to ensure that all critical elements of trial preparation are addressed depositions, witnesses, subpoenas, charts, photos, evidentiary issues, liability, damages, jury instructions, etc.

Remember, nothing ever goes exactly as planned. Prepare for the unexpected and be ready to adapt to changes in trial.