Lawyers are not the best negotiators, even though we are always negotiating something. When I get into settlement talks, I am often surprised at how many folks do not ever negotiate. I often use the example of yard sales and tell clients a settlement is like a yard sale, but with bigger numbers. Some clients
settlement offer
When to Accept a Settlement Offer
By Thomas J. Crane on
Posted in Litigation and trial practice
Clients always ask me about settlement and trials. If we do not accept $XX, what will happen at trial, they essentially ask. There is little or no empirical data for that process and how it plays out. Every client must often rely on the judgment of his/her lawyer.
A good rule of thumb is that …
Lawsuits are a Very Personal Business
By Thomas J. Crane on
Posted in Litigation and trial practice
I have talked about this before. Reasonable settlement offers lead to reasonable, or halfway reasonable responses. When you are in the midst of a lawsuit, both sides have their "dander up." It is hard to be reasonable. But, it is just when it is hardest that it is most critical to appear reasonable. Pursuing…