Recently started as a plaintiffs lawyer. Pretty good handle on the law, but first time negotiating settlements. Any advice here? Would love input from other plaintiffs attorneys on what works and defense lawyers as well. Thanks in advance!

like
Posting as :
works at
You are currently posting as works at

If you’re the plaintiff, frankly, I let them come to me. You’re the one prosecuting the action. When you try too hard to convince the other side why your case is winnable, they smell blood in the water. Always be prepared for trial. I’ve rarely seen it work when a plaintiff’s attorney sent a letter to the other side explaining why they had a case in the hope of settling. If you constantly proceed as though you’re going to trial (without threatening the other side with trial), and you genuinely believe in your mind you’re going to trial, the other side can sense that. You then get a reputation for not backing down from trial, and you will get more offers. However, I wouldn’t be intentionally aggressive or rude to the other side either because that can backfire. If the other side approaches you with an offer, you can unapologetically counter. “My client rejects your offer of $______. Client is prepared to accept ___.” Say no more than that and don’t try to justify why you deserve it. Always give them a deadline to give settlement funds. Otherwise they don’t feel the urgency of settling, and things drag out. I normally give them close of business a week from the day I make the counteroffer. Good luck!

likehelpful

This.... definitely make them come to you. A defense attorney worth his salt will make you give a demand so if you feel comfortable then you you can, but it always helps to back that up with some other case or similar that settled for that amount or close. also recognize your weaknesses especially with what your client's story and testimony is you have to be tougher on them in prep than the attorney will be at the deposition

Don’t be an asshole and sometimes it’ll help if you telegraph that your client is difficult- we understand then why you may not be as cooperative and are demanding mediation. Also, if your demand is unreasonable expect to start far apart but be prepared to make some big jumps.

like

Related Posts

I have been on a local project since my last h1b extension which is till 2022 - also got my visa stamped and have a valid visa till 2022. Deploying on a 5 month travelling project next week for which

Potential client owns an e-commerce website selling graphic design posters (think college type posters) submitted by a freelance artists. Most of sales are from posters based off of celebrity musicians. Does client need a license from the celebrities to sell graphic posters of the celebrities even though it is from freelance artists?

URGENT!!

My new employer is asking me to select between new/old tax regime.

I've no idea which would be better and how
Can someone please give some idea .

like

I am interviewing at another company and when they asked me what my pay expectations are, I asked them what their pay range and expectations were for this role. She let me know she was unable to tell me, yet still wanted me to give an answer. Do you believe that’s fair? How should I bring up pay expectations in my next round of interviews to ensure I am aware of what this position is offering so I don’t lowball or overshoot myself?

like

I was wondering what’s the usual pay rise one gets with a promotion as an underwriter. I am an associate underwriter due to get promoted to underwriter 1

like

I have a partner who treats me poorly, ridiculing my intellect and being aggressive. At what point can I stand up for myself? The treatment is really hurting my self esteem.

like

Any recommendations on direct to consumer brands to try. I know all the obvious choices (Cuyana, Everlane, etc.) Looking for some new brands to try.

like

Looking for a Marketing/Graphic Design agency to help me create some quick sales materials and down the road develop some templates for social media and collateral for promotions, as well as some SEO for our website.

like

Hello - does anyone have the salary range for a tax consultant in the regions at Deloitte? How quickly do you progress to senior consultant and what's the salary difference?

like

Google Certification for Project Management or PMI? Any opinions or thoughts?

Looking to get more formal training in project management.

like

Hi fishes

I have completed the talview interview last week when can I expect a call for the hiring team

How many more rounds would be there.

YOE 4

like
like

Where do I start if I want to take therapy?

Noob question, appreciate your help. What are the main differences between the 2020 sub and previous subs (the classic, black, no date)? I can google but am hoping for the additional insight of this group.
Would you buy a 2020 sub?

like

Please help 🙏 Has anyone done human/employee due diligence before? I’m thinking I’m going to approaching it where I do a mix of 1:1 and workshop style “interviews” to assess the quality and skills of people coming from a company to be acquired. How does one does this in practice? What types of questions should I be asking given I don’t have domain expertise in all these areas, and what does an final output/deliverable look like? It’s like 50 people.

like

Hi Sharks, Please guide me ASAP. I have 10 yrs Ep , I have an offer from wipro for C1 Position . Please let me know where does it falls in hierarchy and also is it good to join Wipro

like

Looking for remote flexibility. Are any companies remote-friendly? Even 2 or 3 days per week.

likehelpful

Additional Posts in Law

I feel myself slipping into a deep depression. I hate this job but I don’t know what other skills I have to leave it. Not really a question more of just a confession I guess.

like

After you’ve pulled an all-nighter, how do you get through the next day? Caffeine? Exercise? Take a nap? Quit early?

like

Advice and/or words of wisdom for someone who overanalyzes the tone of emails?

like

How does on lateral into big law? Is it worth it?

like

Hi, everyone! I am extremely passionate about issues such as climate change and gun violence, and how money in politics leads to inaction and disinformation regarding these issues. Does anyone have any insight as to where I should be looking for employment opportunities? Practice areas, the type of organization, traditional vs. non-traditional law jobs? Any help or guidance would be appreciated. I really want to make a change. Thank you!

like

Is there any PR issues incorporating/organizing a law firm in DE? If the principal place of business may be elsewhere? Attroneys are licensed in all states that they will practice in. No attroneys are licensed in DE.

like

Anyone know what’s the deal with Polsinelli? Just trying to figure out whether they’re the right fit for me. I’m currently in a boutique IP firm. I work pretty hard but it’s obviously not Big Law.

like

K&E signing bonus for 2019 lateral in funds?

like

Dumb question : what is the difference between a blackline and a redline? I’ve always used redline. Also, anyone know how to do this “blackline” in Workshare compare?

like

Advice requested: When you were a legal intern or a summer, what type of projects did you like best? What was most helpful to you when you received a new assignment? Anything you wish your mentor did/didn’t do? I’m working with my first ever intern and trying to structure projects so they know that the work is important and relevant to the business, and why, and to provide enough background info on the area of law so they don’t spin wheels on the basics. What else should I be doing?

likehelpful

Anyone ever read OC’s brief and then stare at your reply brief for an hour wondering what in the world you got yourself into?

likefunny

How do you interview for a new position without alerting your current firm that you are looking to leave?

likehelpful

How does hourly contract lawyering work? I’m on a contract through a recruiting firm before the company hires me directly. My pay is hourly but I get time and a half for over time. I’m currently a policy atty for a think tank and did prosecution before that so I’ve never “billed.” I regularly check and respond to emails on my phone in the evening after work. Do I include that on my timesheet??

like

How much pro bono do you typically bill per year? Have you been called out on it?

like

I took adderall while I was studying for the bar and it really helped. I don’t have a prescription but am wondering if this likely means I have undiagnosed ADHD but don’t know how to bring this up to my doctor. I definitely have trouble focusing in general and have always been pretty dozey/aloof but have somehow gotten by and am now a third year associate who is doing okay without it. Do you think getting Aderall could help even though I’m doing fine? Maybe I’ll go from good associate to great

like

Does anyone else hate weekends? Like let’s pretend we don’t have work to do so we can please our family & kids but meanwhile our anxiety is brewing inside? I’m never more relieved than to sit on my computer on Monday morning.

likefunny

9months in at new firm that I moved for. Average rent within a 30 minute drive of the office is up over 60% (my current building has doubled). I got a 25% raise but am still likely not going to be able to live reasonably close. I’m the only employee that doesn’t own a home and am unsure how to raise the issue that i need to make more so i can live reasonably close to the office.

like

My firm has a collections budget (80% of your billable rate x 1850 hours) and an hourly budget that must be met in order to be eligible for a bonus. The firm cares very little about originations and will reward someone for making their collections over someone who brings in new work. I missed my collection budget due to some odd timing with a client, but originated more than all my peers so no bonus for me. I’ve been at this same mid level firm for 9 years and it’s all I know. Is this normal??

like

What percentage of time do you feel in control of everything and what percentage of time do you feel like you’ve lost your mind? About 50/50 here.

like

Leaving big law for a govt job. I’m waiting on the background investigation… during which they said they’re going to contact my current firm. I have no idea when to give notice. Before they contact my current firm? After the background check is over? Any advice appreciated.

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Send download link to your phone

OR

Scan your QR code to download
Fishbowl app on your mobile

By continuing you agree to Terms of Use and Privacy Policy.

Messaging rates may apply

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal