Why Do I Need a Trial Lawyer if I Just Want to Settle?

The vast majority of cases do not go to trial. The vast majority of cases are resolved before a jury is selected, much less by a jury’s decision. The vast majority of cases are disposed of through mediation, arbitration or settlement conferences. The vast majority of clients, whether plaintiffs bringing suits or defendants opposing them, do not want to incur the time, expense and uncertainty of trial. In fact, even most civil lawyers prefer not to take a case to trial. Most civil lawyers have little, if any, trial experience. Why, then, is it important to have a trial lawyer on your case?

Every case has an opposition, an opposing lawyer or lawyers that are seeking the best result for their clients. Opposing lawyers make recommendations to their clients regarding settlement. Opposing lawyers have to measure not only the merits of the case, but the strength and competency of your counsel. Opposing lawyers, on the other side of your case, must take into consideration the experience, competence and successes of your counsel.

If you have on your side a law firm with trial experience, a law firm that has demonstrated competency, success and efficiency in selecting juries, advocating for their clients, and convincing juries of the merits of their client’s cases, that law firm enhances the case’s settlement value. Opposing lawyers take into consideration the likelihood of going to trial, and the possibility of having to oppose your experienced trial lawyer when they make settlement recommendations to their clients.

Your trial lawyer’s reputation and proven skills increase the case’s chances of an earlier settlement, for a superior value. Opposing lawyers give the case a premium when they know that they are opposing a skilled and experienced trial lawyer. Opposing lawyers become more interested in an earlier settlement.

Also, the successful trial lawyer has experience with jury verdicts and has a finer sense of your case’s true value. He or she is able to understand the entire scope of the trial process and he or she will be able to make well informed recommendations regarding the value, merits, strengths and weaknesses of your case.

Ensure that your lawyer has recent courtroom trial experience and even in the courthouse your case is set. That trial lawyer will be in a better position to evaluate your case, secure the earliest possible settlement for the greatest value or, if needed, take the case to trial and obtain the best possible result.