Trying cases is a lost art in the business world. Supposedly 95% of business cases settle prior to trial. That may be so, because I consider 95% of my business law colleagues to be litigators, not trial lawyers: those who exclusively use pleadings, discovery and motions to posture a case for settlement and who have little to no trial experience.
If a reasonable settlement can be achieved, I advise my clients to take it. Trying cases is expensive and uncertain. But if you’re not eager and able to try the case if necessary, how are you going to get the best settlements? read more