May 26, 2020 Articles

Special Forces for the Tough Case

Settlement counsel may not be right for every case, but they might very well be the difference in your next case “that can’t be settled.”

By J. Patrick O’Malley, Eric O. English, and Frank M. Bedell

A fair number of things have been written about settlement counsel over the years (for example, a 2017 article in the Canadian Bar Journal), yet questions about what settlement counsel are and what they do remain a mystery to most. This article provides a day-in-the-life view of the role of settlement counsel in a hypothetical case—one that we hope will demonstrate what settlement counsel can add to the equation. This will help eliminate the mystery surrounding settlement counsel and open opportunities for both trial counsel and their clients in the right cases.

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