It didn’t take me many mediations or settlement conferences to figure out that if I didn’t get it in writing when the deal was made there would be problems. Call it buyers remorse or just lawyers being lawyers there would be proposed revisions and issues raised we never discussed or had already resolved. If you allowed the other side or the mediator to try to put the deal in writing it took too long and it opened the door to…
I think plaintiff lawyers should have written check lists for almost every step or procedure they follow in processing cases to avoid mistakes. Here is an example of a check list for a paralegal to follow in preparing the attorney for settlement negotiation and attorney demand procedure. The paralegal can do a lot to assist the lawyer in starting the settlement negotiation process. . …
There are a lot of ways you can write a settlement demand letter and some demands are by DVD instead of just a letter. One format I’ve followed for a demand letter in a typical personal injury case is to outline what I think the carrier wants to know. I supplement this letter with documentation. The more paper you send the more likely to settle, at least in the less major cases. I usually enclose a copy of the letter with…