Posted on April 22, 2015 by Julie Brook, Esq.
When 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
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters, Settlement Negotiation, Trial Strategy | Tagged: case assessment, case settlment, civil litigation, litigation, litigation strategy, pretrial discovery | Leave a comment »
Posted on April 10, 2015 by Julie Brook, Esq.
One 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
Filed under: Litigation Strategy, Settlement Negotiation, Young Lawyers | Tagged: attorney, negotiated settlement, negotiation skills, settlement negotiation | Leave a comment »
Posted on August 22, 2014 by Julie Brook, Esq.
Last 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: attorney fees, CCP §998, litigation cost, offer to compromise, pretrial settlement, rejecting settlement offer, settlement offer | 3 Comments »
Posted on August 15, 2014 by Julie Brook, Esq.
Posted on August 6, 2014 by Julie Brook, Esq.
In 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
Filed under: Litigation Strategy, Settlement Negotiation | Tagged: litigation, negotiation, settlement, settlement agreement, settling a case | 3 Comments »
Posted on June 27, 2014 by Julie Brook, Esq.
Settling 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: attorney ethical duties, attorney fees, attorney-client privilege, case settlement, conflict of interest, court-ordered attorney fees, settlement | 5 Comments »