Settle, Settle, Settle! This is what TLF tells almost all of their clients because we have never seen a case that was better off not settling. Of course I have taken cases to trial and prevailed and obtained results far better than any settlement. But those results can be very, very expensive in both time and money. If you are a defendant and win at trial usually all you get is nothing, meaning you did not lose. Sometimes you might "get" your attorney's fees, but that only is a number on a piece of paper. They may appeal
and usually you will have a difficult time collecting. If you are a plaintiff there are all sorts of things defendants who lose at trial can do to ensure you end up getting nothing (declaring bankruptcy, hiding their assets, etc.)
Settlement takes what I like to call the "Uncertainty Factor" out of the case. Have you ever followed a highly publicized case where there is weeks and weeks of testimony? Usually these are criminal cases but the same kind of thing happens all of the time in civil cases. The jury takes about three hours and comes back with a verdict that is absolutely stunning and opposite to everything you thought was going to happen. Now imagine that jury is your jury and that case is your case. You never know what is going to happen at trial. All bets are off, so to speak.
Nicholas Tepper tells each of his clients heading into a lawsuit "never point an unloaded gun at anyone because theirs may be loaded." In other words, the best way to settle any case is convince the other side TLF is ready, willing and very able to go the distance and conduct a trial on the merits. TLF is aggressive in its pursuit and preparation of each lawsuit. In this way settlement can be achieved with the best possible results. TLF will be very prepared and Nicholas Tepper is a very skilled advocate should the case fail to settle and trial moves forward.
Settlement allows you to have a certain and determined result. Everyone usually feels at least a little bad about any good settlement. It is a compromise. "A bird in a the hand is worth two in the bush" was probably said first by a mediator trying to settle a lawsuit. And it is very true. Most every case is ordered to mediation by the judge and, of those, the majority of cases do settle. Again, a good settlement is made from aggressive preparation of a case, something for which TLF prides itself.
One last thing to know about settlement: the case is yours. You decide, based upon TLF's advice and the facts of your case, if you want to settle. No one can force you to compromise your case. If you want your day in court TLF will be the best prepared and most skilled advocates you can have. We will ensure you the best possible outcome and you will get your day in court. That decision will be yours and TLF will try at all times to help you make the best decision.