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Message: Re: Lifting of the Stay; LET ME PUT IT THIS WAY...
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Oct 28, 2010 02:30PM

"Settlement negotiations" are the most delicate part of handling a case. You not only make a demand on opposition based on your assessment of the case, you also have to have the ability to discern the limitations imposed on the opposition by their clients.. Only few, the trial lawyers with experience, can muster the delicate balancing act needed to translate a law suit into money at the right time, and for a fair and equitable sum by way of a "settlement", without loosing the whole ball of wax in a trail which presents its own set of idiosyncrecies.

DM is some such lawyers. They tout this on their internet site. Considering the fact that 95% of cases filed are settled before trial, we are lucky we have experienced lawyers who publicly pronouce that settlement is their forte...

"It is the nightmare of every experienced lawyer to have young whipper snapper fresh out of law school attorneys as an opposition. They are unpredictable, have no sense of what the case is worth, and force you through trial, and 3-4 years of appeals, wasting everybody's time and money, and in the end costing their clients triple the amount the case could have been settled for."

The above quote was advice given to me by MELVIN BELLI THE LAWYER'S LAWYER while we were having a drink in a convention at Lake Tahoe in the 70s. His point was that it was my job to learn fast how to evaluate a case, try hard to settle it to everyone's satisfaction, and be prepared to try the case and make a splash if need be, but not everytime your get a case.

I am trying to clarify to you and the rest of readers that negotiation is so important and delicate that I make it an iron clad rule, (unless the client is ready to die, or is a minor), to deal only with my client and not mothers fathers, wives, children or preachers, at the settlement negitiation phase of the case.

Thus, coming back to your question, I do not think you will get any public disclosures about what the the sum of prospective "settlement" agreed upon is in advance of its execution and approval by the Court.

GLTA...

Gil...

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