Civil Litigation

Settle or try the case: how we think about the decision

Litigation is a business decision with a legal frame. Here is the arithmetic we walk clients through.

Every dispute has three numbers: the likely outcome, the cost of getting there, and the value of your own time and attention. Clients are usually told the first and left to guess the others.

We build a range rather than a prediction. A candid best case, a realistic case and a bad day in court, each with the fees required to reach it.

Against that range, a settlement offer becomes a comparison rather than a concession. Some cases should be tried; most should be resolved before the second round of discovery.

The discipline is revisiting the numbers as the case develops. A position that was right in month one is often wrong by month six.

This note is general information, not legal advice. Every matter turns on its own facts — speak with a lawyer before acting.

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