“I want a bulldog!”
“I want to take him to the cleaners!”
“It’s the principle!”
Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion. In my experience, more often than not, settling your case leads to a better result. Here’s why.
- It eliminates the uncertainty of a Court ruling. You know what you get.
- It usually results in a quicker end.
- It can save money.
- Settlement gives your more control and “say” in the final outcome.
- Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.
Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.
These are just some of the reasons why settling your case may be best. However, there are also those cases that cannot be settled. Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best. And sometimes the other party is just a big jerk that makes everything a fight!
Know this;
- People don’t get taken to the cleaners (unless they agree).
- Suing on principle is unsatisfying and expensive.
- Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.
Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…
Excellent post. I agree wholeheartedly. The toughest job we often have is trying to take the emotion out of the client so the client can make good decisions.
Thanks, Jon. I thought about whether to post this or not because sometimes clients think settlement equals weakness. However, it’s nonetheless right.