Cases settling on the courthouse steps are a common occurrence and something attorneys and court personnel often handle. However, for the layman expecting to go to trial, the fact that a settlement occurs right as the trial is about to occur can come as a surprise. There are many reasons this can occur, but here are just a few.
Power of Discovery
During the discovery process, both sides of an issue exchange information. This includes business documents, government documents, and any other paperwork, emails, files, and more related to the case at hand. Discovery also means having a chance to depose witnesses and ask them questions under oath about the case and their thoughts. All the effort during discovery is aimed at ensuring there is no surprise at trial and that both sides are well aware of all the facts of the case.
By the time you reach trial, your attorney has had a chance to review all this information with you and discuss the strengths and weaknesses of both your case and the opposing party. With this information, and with a clear idea of what is going to be presented at trial, a solution often becomes clear. Especially as pre-trial motions are ruled on and you begin to get a sense of what the judge is going to allow into evidence in regards to the case, settling the case often becomes the best option for both parties.
Risk of Trial
Trial always comes with risk. Even if you think you’re clearly in the right of things, you have to convince the judge, and possibly the jury, to agree with you. Other people can be unpredictable, so there is always some risk associated with trial. This is why your attorney will never guarantee any outcome for you, but rather will tell you chances, strengths, weaknesses, and risks.
When one party is standing on the courthouse steps, these risks associated with trial sometimes become very real. This often leads people who otherwise refuse to consider settling to consider arrangements they dismissed up until that point. The certainty of the outcome of a settlement agreement suddenly seems better than the unknown risks of trial.
Parties Together, Communicating, and Motivated
On the day of trial, everyone arrives and is standing around waiting for their case to begin, thinking about the case, and wondering at the different possible outcomes. Both attorneys are completely briefed up on the case, clients are fully informed, and everything is ready to go. All parties to the case are together, communicating, and motivated to reach a resolution – either through trial or through settlement. With this combination, it’s no surprise people start throwing out options and settlement often occurs.
If you’re facing a civil lawsuit, experienced business and real estate litigation lawyers, like the team from Dunn Law Firm, can help you argue and defend a variety of business and civil litigation issues. When it comes to settlement, we want to help you reach the best resolution to your situation and sometimes settlement is the way to make that happen, even if we have to get all the way to the courthouse before it occurs. As experienced litigators, we can make the risks very real to the other side and often craft an agreement at the last minute. Reach out to the Dunn Law Firm by calling (435) 628-5405 and set up a free consultation today.
