With regard to settlement negotiation I like to have a basic form letter to my client where I outline information about the matter. By having it a form I eliminate the problem of overlooking something I should say and it gives me an opportunity to add or revise for the particular case. I’m giving you an example of a letter to the client about this. In addition, I want written settlement authority from my client for any settlement we made….
Mediation has a lot of postive aspects and certainly is a valid tool in the settlement of cases. However, I use mediation primarily because it is the insurance company and defense counsel who insist on the process. I start from several biased thoughts about mediation. The first is that it has grown into an industry from a situation where great trial lawyers negotiated their own cases directly with defense counsel or the insurance industry and I am not convinced it…
Here are the primary facts I believe the client should be advised about when considering settlement of their case: Any case can be lost because juries are unpredictable. There is no way of knowing what group of people you will get from the blind selection process. You can get a good group or a bad group. You cannot "select" a jury. There are only three excuses allowed. While plaintiff’s generally win about 60% of the cases brought, they lose over…