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A case may never seem to be worth more
than on the day your client first enters your office.
Despite your natural desire to undertake representation, you
must resist the temptation to suggest a value for the
case right away. That would be reckless and would almost
certainly cost you dearly later. A thorough investigation
frequently reveals problems never considered when you
first listened to your client describe his situation. No
client will ever forget your initial evaluation. If you
have suggested a value greater that the eventual settlement, you
have a disappointed client who may subject you to complaints
both in private and in public.
A successful settlement begins when you first see your client and begin laying
the foundation for settlement. Provide your client with
a complete explanation of how a case develops and what it
takes to reach a settlement. Be frank and open concering
both negative and positive aspects of the case. Provide
copies of all pleadings, correspondence, and related documents.
This will
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command your client's respect, trust, and confidence, and
your evaluation of the case and management of the negotiations
will be readily accepted. It is difficult enough to get
your opponent to agree to settle for the amount you want.
You do not need the added problem of negotiating with your
client.
All too often, angry clients have personal vendettas
against those who caused their injuries. All too often,
clients get an infalted idea of the value of their case
from something they have read in the newspaper or heard from
a friend about some other case. All such perceptions work
against your client's willingness to settle.
You are the expert when it comes to establishing a value
for the case, not your client. You have an obligation to give
your best advice
Your client does not want to have to make all the decisions
regarding the value of the case and the acceptance or rejection
of an offer to settle. Your advice will be accepted if trust, confidence,
and understanding between attorney.
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