Size Up Your Adversary

ThinkstockPhotos-494299501When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading

4 Tips on How to Be Both Assertive and Effective in Settlement Negotiations

78163628One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of view in a way that also fosters an atmosphere conducive to settlement. Continue reading

Plaintiffs: Reject §998 Settlement Offers at Your Peril

170446161Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too. Continue reading

Defendants: Reject §998 Settlement Offers at Your Peril

170446161Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. Continue reading

Think Creatively about Settlement Options

462604973In the vast majority of cases, there are more options for settlement than meet the eye. Having more options on the table increases the likelihood of finding one that is mutually acceptable. This is your chance to get creative! Continue reading

When Settlement Pits Client Against Attorney

482228991Settling a case that involves potential court-awarded attorney fees raises a big issue—a conflict of interest between plaintiffs’ counsel and their clients. But it’s definitely possible for plaintiffs’ attorneys to deal with this sticky situation with their ethical duties intact. Continue reading

Loose Lips On Social Media Sunk Settlement

slam_90250057In a recent Florida case, the plaintiff lost $80,000 of settlement proceeds he had received on his employment discrimination claim after his daughter spilled the beans on Facebook. Breaching the confidentiality clause in a settlement agreement—and getting caught at it—is frighteningly easy in the age of social media. Continue reading

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