Hit song of the summer, “Blurred Lines” by Robin Thicke, is drumming up controversy as it’s claimed to infringe on a couple of Marvin Gaye songs. Not waiting to be sued, Thicke’s attorneys proactively filed a declaratory relief action. This is a great strategy to keep in mind: in some situations it’s best to seek preventive justice.
After you’ve settled a case and prepared the final settlement papers memorializing the agreement, all that’s left for the parties to do is execute that agreement. You’re close to the finish line—don’t slack off yet!
Congratulations, you’ve reached a settlement! Now you need to set it out in the final settlement documents. You need to include all the terms on which the parties have agreed, as well as terms to make it enforceable. To help make sure you don’t miss anything, here’s a checklist of 14 common settlement terms.
Negotiations rarely proceed as smoothly or swiftly as we first envision. This is partially because settling a case requires finding a result that satisfies both parties, yet litigators are trained to be zealous advocates for their clients and their clients alone. Instead of thinking how much you can get for your client relative to how much your counterpart can get for his or her own, try thinking in terms of how much more you could both get for your clients relative to litigating in court.
When we think of attorneys and questions, images of courtroom witness examinations and jailhouse interviews come to mind. But for most attorneys, questions are more often asked during pre-litigation investigation, discovery, and settlement negotiations — all situations in which the attorney needs to gather information. To get the answers you want and need, you have to ask the right questions.