Lawyer’s Diary: Choosing Between Settlement and Trial

As a trial attorney, you often have to make tough decisions.  On the eve of trial or right after you present your case to the jury, the defendant makes a settlement offer. Usually these last minute settlement offers are well below what you think is fair to your client. And then, your client asks you for advice – should he accept the settlement or risk everything to take his chances with a jury verdict? It’s a bit like being a contestant on the Price is Right or another game show where you have to make a quick choice between a less than thrilling prize (such as Disney cruise) and an unknown prize behind the curtain. The difference is that, as an experienced trial lawyer, you ought to be able to make a more informed decision than a game show contestant. A trial lawyer should be able to assess the facts and circumstances of the case at hand in order to give the client beneficial guidance about the best course of action.

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