Even if You Lose, They Probably Lose Too: Settlement and Release

Attorneys should let you know when your case isn’t the greatest one. 

They should also provide their evaluation of the other side’s case.  The best time for a deep evaluation is after discovery ends.  And, even if you don’t want to hear it, you may have to hear the news that your attorney can’t work all the magic you’d hope he or she could.

I just had this with one my cases.  Despite every effort of mine, I couldn’t make the case a stronger one for the client.  I sat down with the client and had “the talk.”  I showed him a spreadsheet of what he has paid up until that point and that it may cost a whole lot more to go the whole way.  I then told him about the lack of strength his claims had and that there is always a risk that all the effort and money spent does not mean he will “win” at the end.  He chose wisely: to begin serious settlement discussions with opposing counsel.  I did this, and, after many discussions, both sides have agreed to walk away. 

This is a hard choice.  It’s hard when you have completely valid claims, but not enough muscle to support those claims.  Many cases are fueled by the anger of being wronged by someone or something happened.  A clear head is needed when you are evaluating your case and having serious discussions about how to move forward with your attorney.  Make sure to take a deep breath and step away from your anger for a few minutes so that your decisions are based on your attorney’s advice and not your emotions. 

If you are in a dispute, contact the trial attorneys at the Goosmann Law Firm, PLC, in our Omaha, Sioux City, or Sioux Falls offices.  We can help bring the experience and cool head needed to help move the process towards an ultimate resolution.