No matter what kind of case- automobile accident, bicycle or pedestrian accident, slip and fall incident, or even contractual disputes or employment issues, civil litigation trial attorney settle far more cases then they try, yet the more experienced trial attorneys also accomplish superior settlements. Why is this? For several reasons—initially, the seasoned trial attorney has a strong sense of a case’s value, since the litigant has taken many cases to trial and has recent jury experience with a variety of cases, in diverse courtrooms. This recent experience provides keen knowledge of a case’s present value, as juries are currently rendering decisions, as well as any evaluation of the case’s strengths and weaknesses.
Other than a precise evaluation of the case’s value, the experienced civil trial attorney is ready and prepared to take a case to trial. The opposing counsel is not only evaluating the case’s facts and the law for his or her client, but also estimating whether or not the case will go to trial and, if so, the competency of your trial counsel. The experienced civil litigation attorney is considered a far more formidable opponent and that effect alone helps push a case towards a favorable resolution.
The experienced and successful trial attorney is able to extract the best settlement for the case, whether for the plaintiff, seeking damages, or the defendant, seeking to eliminate, or reduce the exposure, simply by bringing his or her reputation and experience to bear on the litigation, the judge and the parties.
Of particular effect is when the experienced trial lawyer is associated shortly before trial, meaning that the attorney is brought into the case for the purpose of taking it to trial. Usually immediately before trial, the parties may engage in one final settlement conference or negotiation. The insertion of the experienced civil trial lawyer may trigger a change in the parties’ settlement posture and assist in securing the best possible result for his or her client.
Before taking any case to trial, consideration of the trial experience of the attorney tasked with winning the case must be considered. Another important factor is the attorney’s experience before juries for the same type of case, and how recent other trials were. Regardless, the more experienced civil trial may be able secure a favorable settlement. If the case does not settle, the seasoned trial lawyer should be in a better position to obtain the best result possible at trial.