Settlement and the Litigation Process
As lawyers, we have professional obligations to facilitate settlement with our clients. Clients also have an interest in not being tied in to long, complicated litigation. As such, settlement is always part of the analysis on any file. Settlement has to be for the right amount, and has to leave the settling parties, if not happy, then not upset.
Trial lawyers will generally entertain settlement, and that is the approach in our firm. Settlement has to be for a reasonable amount, but if the offer is not close to the amount the client would expect in trial, we often will not settle.
In a previous article we opined on the difference between trial lawyers and litigation lawyers. https://www.flodenward.com/post/the-difference-between-a-litigator-and-a-trial-lawyer . Many involved in litigation do everything they can to draw out the process, and are not comfortable in a trial process. Trial lawyers conversely always have trial in their back pocket.
So should I settle my lawsuit? Maybe. It depends on your circumstances.
If you would like to discuss settlement, please feel free to contact me.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.