Related Posts
Hi All,
I switched to tcs few months back ,here project manager told me that work will be in Angular but when I got into the project it was only html,css and jQuery. now how can i change my project as current one is not going along with my aspirations. It's a technology which now no one uses much . Under my current client all projects are based on that only . Plz suggest that how can I change my current project .?Tata consultancy sevices
More Posts
Conversation Starter
Our generations greatest contribution is memes
Conversation Starter
Oldie but goodie
Visual Storyteller
Hoping everyone’s safe and still employed!
Rising Star
Which half are you in?
Additional Posts in Personal Injury Lawyers
Conversation Starter
Rising Star
New to Fishbowl?
Download the Fishbowl app to
unlock all discussions on Fishbowl.
unlock all discussions on Fishbowl.
I’m going to assume that you man persuade him...😐
However I would explain that the client is not sympathetic by virtue of being in jail. Right, wrong, or indifferent that’s just the reality.
And then I’d explain to him the difficulty of getting anything for pain and suffering in any trial.
Last I’d explain that take those two issues together and there’s an equally likely chance that a jury will give him $0.00 because they think pain and suffering go hand in hand with incarceration.
You’re doing Plaintiff’s work, gotta listen to your client. You can outline the pros and cons of his case and if he’s smart he’ll understand. If not, withdraw as counsel and put a lien on case due to strategical differences if your jurisdiction allows it.
You should not be coercing your client to do anything. (Other attorneys have already made this point - it’s a bad enough mistake that it bears repeating).
When I did plaintiffs’ work I always had a clause in the attorney client contract that allowed me to withdraw if there was a material disagreement about settlement and the client opted against my advice. The clause also put the plaintiff on the hook for my fees equal to whatever the contingency amount of the last offer would have been. This was explained in detail to my clients before they signed.
This prevents the situation you are in now. If you do not have something like this, then you are stuck and the best you can do is persuade your client why your advise is right.
Write a detailed letter so your client can make an informed decision
There are lots of points you should explain to your client...
1. Even if the case is tried, he could get more money, less money or no money. Clients often assume a jury verdict will be more than an offered settlement. There is no guarantee of that. He could turn down 75k and be awarded 50k by a jury.
2. If the verdict is really big, they'll likely appeal. There's likely an appeal in that situation would be successful and, even if it isn't the appeal could take years.
3. He could be waiting a long time on a trial. With the Corona situation courts are extremely backed up and very few trials are happening. It could be a long time bf a trial actually happens.
4. If the case gets tried he'll need to be there everyday and he'll need to testify and will be subject to cross examination. Trials can take weeks, and he won't be able to work bc he'll be watching his trial.
5. Trials are expensive. His expenses now are 5k. After, a trial they could be 25k. That money comes out of his share.
6. Nobody knows what a jury will do. Refusing a settlement offer is like taking that money and putting it on a spin of roulette. Is this client really in a position to gamble 70k? If he had 70k is that what he'd do with it?
7. If you settle, you'll have your money in 60 days.
8. If you settle, you'll have certainty and the case will be over.
9. Then you start talking about all the problems in the actual case.... he's an ex con, the jury pool in that area is bad, you could get a bad judge, possible unfavorable rulings or testimony that could occur, your doctor is going to have to concede some of the defense's points, etc.
You ultimately have to do what the client tells you but it's the very rare client who actually turns down the money.
Also, get authority for less than you think it should settle for. If you think the case should really settle for 70k, get authority from the client for 50k. That way you come back looking like a hero, not like you barely settled the case.
You need to ask him to front the trial
$$$$ and hope he settles it terminates you.
Get a meditation ASAP with an excellent mediator. If my client's expectations are unreasonable sometimes a retired judge or very experienced mediator can convince them of the reasonable valuation.
If you disagree after meditation, all the better to cut the client loose if you still can.