Win Before Trial: What Lawyers and Clients Must Know to Get the Best Outcomes Possible
$25.00
$25.00
per item
This comprehensive 203 page e-Book covers litigation strategy, predicting litigation outcomes, and estimating the financial value and risk of continuing a lawsuit to a final judgment. This is the book that started the dual valuation movement. Get your free copy as part of The Mediator's Assistant package. ($25 as stand alone product.) Offer available for a limited time only.
Download the first 2 chapters for free.
Download the first 2 chapters for free.
SKU:
From the Preface . . .
The object of trial is to defeat the other side. I win; you lose.
The object of settlement is to win as well. But here “winning” means something different. It means negotiating an outcome that is better than the likely net result of a trial.
In settlement, to win is to satisfy your client’s interests—her wants and needs, what will make her happy—better than the likely outcome of trial. Winning a settlement is not about defeating the other side. In fact, if you set out to make the other side lose, you will likely lose too. In such a setting, the other side can win as well. That is, they too can do better than the likely net result of a trial for them. This magical aspect of settlement is, in fact, why most cases—over 95%--settle.
But how can we know that the proposed settlement is better for our client than continuing with litigation through a final executed judgment? What are the benchmarks?
Two things are the measure of whether you’ve won the settlement: 1) Your client’s total package of interests and 2) the financial value for your client of an executed final judgment. You can’t know whether the proposed settlement is a good one for your client unless you know how well the proposed settlement satisfies her interests compared with continuing litigation through an executed judgment.
Download preview to read the rest of the preface and chapters 1 & 2.
The object of settlement is to win as well. But here “winning” means something different. It means negotiating an outcome that is better than the likely net result of a trial.
In settlement, to win is to satisfy your client’s interests—her wants and needs, what will make her happy—better than the likely outcome of trial. Winning a settlement is not about defeating the other side. In fact, if you set out to make the other side lose, you will likely lose too. In such a setting, the other side can win as well. That is, they too can do better than the likely net result of a trial for them. This magical aspect of settlement is, in fact, why most cases—over 95%--settle.
But how can we know that the proposed settlement is better for our client than continuing with litigation through a final executed judgment? What are the benchmarks?
Two things are the measure of whether you’ve won the settlement: 1) Your client’s total package of interests and 2) the financial value for your client of an executed final judgment. You can’t know whether the proposed settlement is a good one for your client unless you know how well the proposed settlement satisfies her interests compared with continuing litigation through an executed judgment.
Download preview to read the rest of the preface and chapters 1 & 2.