Understand the risks of the litigation process: Why do lawyers emphasize settlement?
Even if you have an airtight case, your lawyer will still recommend settlement. Lawyers assess risk every day. DUI attorney Even the most airtight case could have problems at trial. The judge may prefer the evidence of the opposing party over yours. The other party’s expert witness may be more persuasive than yours. These are just two of many possibilities. A trial is always a last resort.
Another good reason to settle is that even if you win at trial, the case may not be over because
The legal costs awarded by the court to a successful party are only a partial recovery of the legal costs payable to your lawyer. · If you lose at trial or if the opposing party does better in court than their settlement offer, you will have to pay a portion of their legal costs. · There may be an appeal which could delay payment for two years or longer.
Until a final judgment is granted, a defendant is rarely prevented from dealing with his property – unless the property is the subject of the lawsuit (or some other exceptional situations).
The judgment may be unenforceable. The opposing party may be insolvent or go bankrupt. You might not collect anything. · The defendant may conceal his assets or transfer them to family members to make the debt difficult to collect. A separate lawsuit may be necessary to find the defendant’s assets or to declare the fraudulent transfer void.
The defendant may have assets outside Ontario. A lawyer in the jurisdiction where defendant’s assets are located may have to be retained to collect the judgment.
A settlement involves a resolution both parties can live with. If the case involves the payment of money, there won’t be a settlement unless payment is made.
Even with these concerns, some cases can’t be settled. The positions of the parties may be so far apart that a trial is necessary. As the case progresses, you and your lawyer will have to revise and update your strategy and estimate the legal cost and risk of each stage of the case. Keep in mind that the opposing party is dealing with similar risk assessment and cost issues as you are.