Wednesday, March 2, 2011

Nothing Wrong with getting a "Top Dollar Settlement " at trial.

Let's face it , real, seasoned trial lawyers always believe (right or wrong) that a verdict will be higher than the latest settlement offer. Trial lawyer mentality. While more often than not there is real acrimony between the partner trying the case and the partner running things back at the office.
True story. An attorney customer of mine has this case. His partner is trying it. Offer during trial of $5.5 million. We fund $150,000 for trial expenses. Offer is turned down with client's knowledge and they're holding out for $6 million. Trial lawyer partner thinks he will hit big.
They finish the trial 3 weeks later ...and guess what? Verdict for plaintiff $2.3 million. With interest , costs , etc $3.2 million. Not bad, but not $5.5 million. It hurts.
Moral of the story; You should never be ashamed to accept $5.5 million on behalf of a client in lieu of a verdict if offer is good.
Anyway, everything turned out ok and they are on to the next case ! It happens.

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