The Anatomy of a Settlement

It is well documented that over ninety percent (90%) of civil cases settle before trial. Nonetheless, many clients of our firm start the process of a civil litigation matter thinking about the trial – how long it will take to get there, how much will it cost and what can a party to expect to gain or lose.

Good litigators think about trial from the very first day of the case. Good litigators also know that the odds of their being a trial are statistically small. This does not mean, of course, that our firm has not tried our share of cases in the last few years – we have. They range in length from one day to several weeks. And the likelihood that there will be a trial is only increasing. This is because the Florida Supreme Court has been hell bent on clearing the dockets of the Florida Courts, much of which has been left to languish, prostrate, without movement due to the residual effects of a long and unexpected Pandemic. So cases are moving to trial faster now and the likelihood is that the ninety percent (90%) number is likely to decline and the percentage of cases heading to trial is likely to increase.

That having been said, a wise mediator once told me that the worst days in the life of a law firm client often is, first, when they lost a trial and, second, when they won a trial. Trials can be fun for the lawyers, it is what we spent years training for. Trials are most often not fun for the clients, however. So, if you are one of those people who do not view a trial as fun, think about how can you best reach a settlement that you can live with.

Here are some suggestions.

1. Learn to Play Poker. A lot of things in life are based upon what you are able to convince someone else you are willing to do. In card parlance, it is called “bluffing.” If you walk into the start of a litigation wearing a t-shirt that says :“I want to settle”, you are most likely going to lose. Convince the other side that you want a trial, whether you really want one or not.
2. Commit to the Process. The process of preparing for a trial or achieving a settlement takes work, time, commitment, and money. Both parties, lawyer and client, need to commit to these things. Without them, there can never be success.
3. Don’t Sue Over Principal Unless Money is No Object. They say that litigation is the sport of kings and there is a reason for that. Principals tend to be very expensive to establish and getting a Court or Jury to say “you’re right” is not always easy. Think carefully before you file a lawsuit just to prove a point.
4. Know When to Hold Em and When to Fold Em. There is an art form to understanding the time and place to think about settling and the time and place to start putting witnesses on the stand and picking a Jury. Collaborate with your lawyer on this because he or she is going to know best, from experience, when the time has come to resolve the case. Ignore this advice at your peril.

When folks hire the lawyers at Haber Law, they do it, most often, because they expect to receive common sense advice, wise counsel and a game plan for trial or for an advantageous settlement. Think about the points made above and ask yourself this question – is your lawyer doing all that for you ?