Effective Legal Negotiation and Settlement, Ninth Edition by Charles B. Craver

Author:Charles B. Craver
Language: eng
Format: mobi
ISBN: 9781531017804
Publisher: Carolina Academic Press
Published: 2020-05-31T21:00:00+00:00

[4] Dealing with the Risk of Unhappy Litigators

Partnerships that adopt a dual-track approach may initially experience some conflicts between the litigators and the negotiators. The former may fear that the latter will deprive them of the opportunity to try cases. Since most litigators truly relish their participation in the adjudication process, this would be an understandable concern. However, the establishment of a successful negotiation/settlement department could actually enlarge the number of cases being handled by the firm. Most clients do not really wish to become embroiled in protracted litigation. They have legal problems they want efficiently resolved. If certain law firms were to become known as entities that dispose of controversies with a minimal amount of pain and expense, they could reasonably expect an ever-expanding clientele. Even if their reliance upon negotiation/settlement specialists were to increase the likelihood of bargained results in particular cases, the fact that they have been able to expand their total number of clients would enlarge the absolute number of cases to be litigated. The litigators should thus appreciate the fact that their negotiation/settlement colleagues would both provide more cases for them to work on and increase the total legal fees being generated by the firm.

The negotiation/settlement specialists would be equally beholden to their litigation associates. The professional reputation of the litigation experts assigned to each case would significantly influence the bargaining leverage available to the negotiators involved. If those trial lawyers have established enviable adjudication records, the value of their cases would increase dramatically. This fact would inure to the direct benefit of the settlement attorneys. The negotiation specialists could further enhance their bargaining situations by emphasizing to opposing counsel how anxious the litigation experts are to try the cases if no reasonable settlements can be achieved.

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