Tag Archives: Settlement

Need To Negotiate and Settle A Case? There’s An App For That.

29 Wednesday Jul 2015

Posted by in Apps, Legal Technology, Litigation, Settlement

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Legal Productivity: iPad App: Picture It Settled – Negotiation App for Lawyers, by Travis Francis, Legal Productivity Blog

http://tinyurl.com/p7qjtqt

Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out and downright exhausting.

To make negotiations a little easier, Don Philbin and a team of attorneys and statisticians created Picture It Settled. According to the apps website, ‘the intelligent software has learned negotiation strategy from deep data from negotiation patterns in several thousand litigated cases, ranging from fender benders to intellectual property disputes in locations from tiny counties, large cities and everything in between.’ . . .

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Mediation and Settlement Presentation and Strategies.

02 Friday May 2014

Posted by in Brief Writing, Legal Argument, Legal Writing, Mediation

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The Best Strategies to Present Your Case In Mediation, by Derek Ryan, Cogent Legal Blog

http://bit.ly/R9l7zU

Over the last 10 years, there’s been a significant shift in the way mediations are conducted. When I first started in the field, mediation briefs would come in via fax the night before the mediation. The mediator would begin the case with a joint conference where each side would make an opening statement, similar to trial, and after these openings the mediator would often have to spend the rest of the afternoon defusing the tension created by a joint conference.

There are two important aspects of developing presentations for mediation:  (1) Communicate with the mediator before the mediation; and (2) develop a presentation that will inform but not inflame the opposing party. Remember that mediation is voluntary, and the goal is not to make the other side walk out. The goal is to get the case settled in the best way for your client.

In this blog post, I’ll cover several strategies to best present your case at mediation, including dos and don’ts for using graphics and technology to enhance your results. . . .

Apologizing Even When It’s Not Your Client’s Fault.

30 Sunday Mar 2014

Posted by in Closing Argument, Cross-Examination, Damages, Defense Counsel, Direct Examination, Jury Instructions, Jury Persuasion, Litigation, Making Objections, Opening Argument, Settlement, Trial Tips and Techniques

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Show You’re Sorry, Even When You’re Not at Fault, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/ntvjm5r

[A]s we’ve noted before, letting jurors, judges, and opposing parties hear an apology can be effective when you are responsible, or are likely to be found responsible, for at least part of the damage at issue in the case. But what about when you’re not? Does that second kind of “sorry,” meaning “I recognize your loss, but without accepting responsibility for it” create a persuasive advantage as well?

According to some new research, yes, it does. . . .

$17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

13 Thursday Feb 2014

Posted by in Damages, Employment Law, Evidence, Government, Litigation, Negligence, OSHA, Settlement, Wrongful Death

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Philadelphia Electrician’s Widow to Receive Record $17 Million in Wrongful-Death Settlement, by Josh Cable, EHS Today

http://tinyurl.com/mx9kqq5

The widow of an electrician who died in a crane accident at Veolia Energy’s Schuylkill steam plant in Grays Ferry, Pa., will receive $17 million, in what is believed to be the largest wrongful-workplace-death settlement in Philadelphia County history. . . .

The “Litigation Explosion” is a Myth

23 Wednesday Oct 2013

Posted by in Personal Injury, Settlement

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Greg H. Haubrich, Senior Trial Lawyer at Foshee & Yafee, explains why he recommended — and his client accepted — a settlement agreement that will barely pay her medical bills.

The Haubrich Law Firm, P.C.

The Myth of the “Litigation Explosion”   

A lawyer wears two hats:  Advocate, and counselor.  As advocate, my duty is to fight for you hard as hell, tooth and nails; to be the knight in shining armor charging into the Valley of Death.  As counselor, I must give you the news and help you realistically evaluate your odds so that you can make well-informed decisions regarding basic questions in your case: especially, whether to accept a settlement offer.

Today I recommended — and my client accepted — a settlement agreement that will barely pay her medical bills.   Why?

The first reason is that it is hard to understand how a person can be seriously injured in a collision when there is not a lot of visible crash damage to their vehicle.  Science does not support the idea that crash damage correlates to injury.  In fact, it is established that deaths sometimes…

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