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Legal Topics Litigation Strategy Personal Injury Settlement Negotiation Tort Law

Settling a Car Accident Case: Drafting Your Demand

ThinkstockPhotos-84461514You’re representing someone injured in a car accident and you’ve reached the point at which you’re ready to send a demand letter to communicate a settlement offer to the defendant’s insurance carrier. But what should that letter include? To get you started, here are some sample provisions to include in your letter as well as drafting suggestions.

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Litigation Strategy New Lawyers Settlement Negotiation

How to Make Your Negotiations More Efficient

ThinkstockPhotos-179694134Conducting settlement discussions without an agenda is like driving to an unfamiliar destination without a map: It’s possible, but not very efficient. If time and professionalism are valuable to you, conduct your negotiations with an agenda.

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Legal Topics Litigation Strategy New Lawyers Settlement Negotiation

7 Tips for Improving Any Negotiation

negotiate_83017290The following is a guest blog post by Helen Leah Conroy of Piedmont Law Partners. Ms. Conroy negotiates and drafts complex agreements for companies that provide internet-based services. She specializes in in-bound and out-bound service agreements, with extensive expertise in global outsourcing deals.

Most people, including many lawyers, simply don’t like to negotiate. This often results in hurrying through negotiations just to escape the pressure, at the expense of the best possible outcome. It doesn’t have to be this way. The next time you’re involved in a negotiation, review and keep in mind these seven tips and you’ll be much more effective and may even enjoy the process!

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Litigation Strategy Settlement Negotiation

How to Guard Information During Negotiation

186300420If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side to the fact that you’re being evasive.

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Litigation Strategy Settlement Negotiation

When You Can’t Settle, Consider a Mini-Trial

Boy (5-7) making pinching gesture, close-up of handA mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward.

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Civil Litigation Discovery Legal Topics Litigation Strategy Pretrial Matters Settlement Negotiation Trial Strategy

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.

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Litigation Strategy New Lawyers Settlement Negotiation

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.

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Civil Litigation Legal Topics Litigation Strategy Settlement Negotiation

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.

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Civil Litigation Legal Topics Litigation Strategy Settlement Negotiation

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.

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Litigation Strategy Settlement Negotiation

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!