How do you evaluate a damage case? That is a problem we all have as witnessed by the unwelcome adverse verdict. There is no perfect answer, but there are some guidelines. We know that the best method is through properly conducted focus studies. We can also discuss with as many non lawyer friends who are willing to listen as we can find. Asking advice of lawyers is a hit and miss approach as lawyers don’t think like jurors and it…
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…