January 19, 2017 Articles

Six Factors to Consider for a Successful Settlement Strategy

You and your client want the upper hand in those negotiations.

By Anthony Baish

“Most of our cases settle before trial!” proclaims the lawyer on the TV. (Cue video of insurance company executive writing check.) That’s a truly amazing track record of success . . . isn’t it? Is it “success” at all?

Whether a law firm’s high settlement rate is considered “success,” it most certainly is not amazing. One fact is inescapable: The vast majority of civil lawsuits are settled before trial. What does this mean for the client? Whether your client initiates a lawsuit or is served with one, you and your client should plan as much for success at settlement as for success at trial. Here are a few things to keep in mind when devising a strategy.

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