Monday, May 14, 2012

Why Can't We Talk Turkey?


Why don't clients want to talk settlement?  It varies with the client, but they generally fall into four distinct categories:
1.   The client who thinks he/she is right, and the judge will rule with him/her because of it.
2.   The client who is too angry to want to compromise.
3.   The client who needs someone to hear them.
4.   The client who has nothing to lose by trying the case.

Client #3 wants to tell the story, and if the judge rules with him/her, that's great but not entirely necessary. Sometimes these folks do this because of reason #1, but that's not about whom we're speaking.  Client #3 feels that no one has let them tell their story in a way that permits it to be heard.  Client #3 has either been through the system a couple of times and never felt like they've had their pont of view expressed, or has been dismissed so many times during their lives that for once they want to be heard.  What they need is for their case and their story to be presented as completely as possible.  Of the four types of clients, they are the easiest for those of us here in the Trenches.  These folks understand the risks and benefits of trying their case, and their ultimate goal is not winning, but being heard.  So long as the attorney presents a full and complete case, the client is satisfied.  Winning is gravy.
Client #4 is the client for whom all of the facts are seemingly against him/her.  For that client, the settlement the other side would offer is not going to be appreciably better than what the court might do, so why not take a chance that the court would give them something better than any settlement?  For them, there is little to no down side to going to trial.  These folks might offer a settlement, but to them, what's the point?
Clients #1 and 2 are nightmares for those of us here in the Trenches.  They are too blinded by emotion to think rationally.  They are incapable of rationally analyzing the elements of their case and weighing the risks and benefits of proceeding to trial as opposed to reaching a mutually acceptable compromise.  They have unrealistic expectations of what the court can and cannot do, and what a given judge may or may not do.  They expect their attorney to go into court with guns blazing, and take no prisoners, even if to proceed in that manner is counterproductive to their case.  Anything less than a complete win in court is a loss to these folks.  Not only that, but win or lose, they are never happy with their attorney.  If they win, it's how it should have been because the cause was just.  If they lose, it's because the attorney was incompetent.    Sometimes these clients reach trial because their attorney didn't do the hard work of bringing them back from the emotional precipice, calming them down (usually by strongly recommending some therapy), and educating them on the legal system; and sometimes, there is no attorney who could deter them from their course.  Luckily, these last folks are few and far between for those of us Here in the Trenches.

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