Moving cases is the name of the game. Yes, there are always certain cases you want to squeeze every dollar out of; but is that the attorney's desire or the client's? I'm not trying to say don't be prepared to try any case you need to, but at the end of the day how many verdicts do you actually take? When I was practicing we usually settled about 200 cases a year. We usually tried 12-15 a year. I always told people that my dad taught me how to try a case and I taught him how to settle one.
Today, everyone is fixated with mediation; JAMS, NAMS, ENDISPUTE, etc...Mediation is terrific. But, if you'll notice mediation is always done when defendants want to do it, not necessarily the plaintiffs. It usually doesn't happen until all ebt's are done, sj motions decided and defense counsel feel they've finally billed enough on the file. That defeats the whole idea of moving cases at an earlier stage.
I believe a system would work where on cases with coverage of 100k or less,( or where parties agree) after service of a bill of particulare [no ebts] the parties submit to a one day binding high low arbitration; parameters set by prior settlement discussions , if any. You'd be surprised. Cases finishing in 9 months instead of 3 yrs. A win , win for all. No Dr's fees!
At the end of the day, would you rather have an 85k result in 9 months or 115k in 3 and a half yrs? You be the judge.
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