Negotiating a Settlement

Under the ethical rules for attorneys, all settlement offers must be conveyed to our clients as we get them. So even though a settlement offer may be unreasonable, a lawyer is duty-bound to convey that settlement offer to the client to discuss whether that's fair or not. Once all of the elements of damage have been determined, then and only then, can the value of the case be determined.

Usually, there's not a particular single amount that a case needs to settle for. Once all the information is gathered, all the documentation obtained by our office, once we know all the facts and circumstances of the case, then we are able to put a range of value on a case.

From this amount to that amount, within a reasonable range, we would be willing to settle that case for. Once we get settlement offers within that range, we recommend settlement to our client. If the settlement offers are not within that range of settlement, we look at other forms of determining liability and the extent of damages through the litigation process. So we convey all settlement offers to our clients. We give them advice on whether they should accept or decline the offer, keeping in mind the time value of money, keeping in mind the extra expense that is necessary to litigate a case as opposed to negotiate—all of these factors are considered by our law firm, and the client, as we determine the best course of action for our client.