In many cases, your client is emotional and angry, which can hinder reaching a reasonable settlement. Many clients feel that if they settle, they are going to be perceived as weak by the opposing side. However, there are steps you can take to show your clients that settling is an excellent option.
Even though attorneys take the time to explain the details of a case and its possible outcomes to their clients, sometimes clients have a difficult time understanding that they may not prevail during a trial. This is especially the case during emotional disputes. In these instances, settling may provide a client with a conclusion that a judge would never award after a trial.
Hiring an expert witness to evaluate the lawsuit in an objective manner may help your client understand the legal aspects of the case. For example, in personal injury cases, an expert witness may be able to explain the science and physics behind a motor vehicle accident, and how a judge and jury may have a difficult time understanding how the client’s injury resulted from the accident. Once your client has heard an objective opinion from an individual skilled in these areas, it may be the push your client needs to understand that going to trial may do him or her more harm than good.
Legal expert witnesses may also assist you and your client with determining what is a reasonable settlement to offer to or accept from opposing counsel. Many attorneys have their expert witnesses attend mediation at least by telephone to assist with these discussions. Expert witnesses may also help your clients understand the opposing side’s arguments, as well as their weaknesses. Offering your clients the “big picture” of how the laws apply to the facts of the case is truly an eye opening experience.
Website Created By: Mediation.com