The Joys of Settlement

A file I was working on just settled on the eve of trial.  As a trial lawyer, I enjoy arguing a case before a Judge.  I revel in the questions, the objections, the arguments based on law.

I appreciate, however, clients do not enjoy trials.  Trials cost money, take away productivity and have an element of a gamble to them as no lawyer can ever predict with certainty what the outcome of a trial will be.

Many Judges often say a good settlement is where both parties are unhappy.  That likely has a bit of truth to it, though the payor usually is less happy than the party receiving funds.

I’m pleased when I am able to achieve a settlement for a client – the eve of trial is not ideal, but sometimes it takes that long for the numbers to make sense to those involved.   Ultimately, the parties have to accept that the cost of settling is better than the cost of rolling the dice at trial.

The bonus part of this process is that now, as the lawyer, I have a few free calendar days available to devote to other matters that I thought might need to wait until next week.  Hey, I might even get to head out to a driving range!

Inga B. Andriessen JD

iandriessen@andriessen.ca

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