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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!
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.