It is a well-known statistic in the legal profession that over 95% of cases filed are never tried and instead settle. Given the risks that attend to trials, this statistic is not all that surprising. Facing the total unknown of how a jury will react to their case, most parties are more comfortable settling than seeking their day in court. Add in the fact that trials are often not the end of the story (many verdicts are appealed and those appeals can take years), and the resources that must be expended to try a case, it is not surprising that the vast majority of cases are settled, sometimes on the very eve of trial. Costs, uncertainty, and the lack of finality are all good reasons why cases settle.
So if your case is unlikely to actually go to trial, why hire a trial lawyer? Shouldn’t you choose someone who specializes in settling cases? While it seems counter-intuitive, the answer is no.
The surest way to achieve the best possible outcome is to be fully prepared to take your case to trial, and to make sure the other side knows it. A party that is confident it can prevail at trial, whether in front of a judge or jury, enters settlement negotiations with a significant advantage. You can also count on the inverse – a party that is afraid of trial will see the value of its case drop precipitously. To ensure you have the advantage in negotiations, you need an experienced and highly-skilled trial team handling your case.
Not only will having great trial attorneys on your side significantly improve your chances of a favorable settlement, but in the event your suit does go to trial, you will need the best possible advocates to make your case. You don’t want to end up in court with lawyers who can negotiate in a conference room but are lost when they have to present a case to a jury. Given how few cases are ever tried, many lawyers practice for decades without getting any trial experience. You don’t want your lawyer treating your case like on-the-job training. Our lead trial lawyers have each tried dozens of cases before juries in state and federal court. They are paired with skilled civil litigators with years of experience handling the most complex commercial and white collar matters. Each team we build to handle a case is designed to bring together all the legal skills necessary to achieve terrific results.
We get the best possible outcomes for our clients not just because of our extensive experience, but because we prepare every case as though it will go to trial. We begin by asking our clients to define what success looks like to them. Then we craft a strategy to achieve that result. We don’t take needless discovery just for the sake of taking discovery. We don’t file motions unless they will actively advance the case and better position our client for trial. We craft narratives and themes that will resonate with jurors.
All that preparation serves our clients well in settlement negotiations and in the courtroom. The results speak for themselves. We’ve had opposing counsel admit we command a settlement premium for our clients because we are such formidable opponents in court. We’ve also reduced high eight figure demands against our clients to settlements for nuisance value. When we take cases to trial, we achieve outstanding results.
Sun Tzu famously said, “Every battle is won before it is ever fought.” Thorough preparation, experience, and skill create the path to success. Contact us to learn how we can help you achieve the best possible results.