Showing posts with label defense counsel. Show all posts
Showing posts with label defense counsel. Show all posts

Saturday, September 18, 2010

When funding a significant case, we always want to know who defense counsel is.

Let's face it, when all things are equal as to liability and damages, the particular liability carrier defending a case can greatly influence the value, the point the case settles and even whether a case will ultimately be tried.
Likewise, defense counsel can greatly impact a case. Not only through their skill, doggedness , ability never to leave any stone unturned but also in the way they can act as an obstacle towards settlement. If you've ever dealt with Leahy and Johnson or Landman, Corsi...you will probably go the entire course of the litigation without ever having any direct contact with the carrier. This makes it very difficult to settle a case. These types of firms, not coincidentally, seem to never allow a case to get settled before full -blown multiple ebt's are conducted and the filing of extensive dispositive motions. Is this the way the carrier wants things or just the way defense counsel does it?
So remember ,when we look at a case for the purpose of funding; on similar looking cases, we may assign completely different values depending on who is the liability carrier and what firm is defense counsel.
I'm sure you do to.

Thursday, August 19, 2010

When is Enough , Enough?

I have nothing but the most profound respect fot plaintiffs' trial lawyers , having been one of the tribe for over twenty (20) years. I rememember this one huge trial I had (6 wks. in Supreme New York) where I was so financially strapped that I ate tuna fish sandwiches, drank instant coffee and water , and schlepped a 75 lb. trial bag to the Courthouse every day for six weeks. I made it! (plus it builds character).
So when you get that "case of a lifetime", you not only want to maximize the results for your clients, but you certainly want to maximize your fees as well. It makes up for all those Allstate threshhold cases and premises cases with"urine, feces, vomit and other dangerous substances " on the stairwell.
But when is enough , enough? We all heard about the recent case where one of New York's premier trial lawyers turned down $8 million, only to be no caused. I'm working on funding a deal now where there is an offer of $10 million; but the attorney wants $12 million. In my opinion there is a very fine line between pushing a little too hard and a little too far and putting the plaintiff's "whole life " at risk.
I gather as experienced trial attorneys you have to trust your gut instincts, examine your relationship with the client, defense counsel and the Court and make the best, most well-informed decision. Not easy! Go get em!