
:: Whether to play it safe or to risk it all is not just a cornerstone theme of popular board games. It’s also a real choice you will have to make come settlement time.
In order to stop you from taking your case to trial, an adversary will often attempt to put serious money on the table (albeit less money than you deserve) as a settlement offer. Even if you were sure you had a slam-dunk case up to this point, second thoughts will inevitably creep in:
The other side’s lawyer is an absolute assassin renowned for dismantling witnesses on the stand… It is no secret that juries are unpredictable and fickle… Your key expert has such poor articulation skills, they will almost certainly frustrate everyone in the court room…
However, before psyching yourself into an early exit settlement, remember the 2 big things.
First, trial is a race for credibility and trust.
Do you have the winning case? Then build and present one that creates the impression that you, not your opponent, are the party representing honesty and integrity. Judges and juries perceive as most trustworthy the side that advocates honestly and presents their case with utmost credibility.
Which brings us to the second big thing to remember. The trusted side (the trusted lawyer) always wins.
#litigation #casebuilding #presentation