Early Assessment Consultant

Why do we continue ignoring the reality that a vast majority of cases settle long after they should?

You have been sued. Now what?

Most often, companies or individuals who are sued start the defense. They hire a lawyer or lawyers. The lawyers start their work and the legal bills begin to mount. Their client denies everything. Months or years later, the case is ultimately settled after a drain on the client’s emotions and pocketbook.

You have filed suit. Now what?

Most often, the Plaintiff – the party instituting the lawsuit – envisions a successful conclusion and a favorable award, mostly in the Plaintiff’s favor. The Plaintiff’s lawyer charges forward. Months or years later, the case is ultimately settled after the same drain of emotions and legal fees and costs.

A small percentage of cases in America – one or two percent – go to trial. Some are dismissed after lengthy pretrial discovery and the filing of motions. Cases that go to trial or cases dismissed often end up in an appeals court. The beat goes on.

On the other hand, the vast majority of lawsuits are settled after months or years of legal wrangling and gamesmanship. We know this because every case ultimately ends. We also know that cases usually settle for less than the Plaintiff originally thought and for more than the Defendant thought.

Why do we continue doing this, case after case after case? Often, it is the ego of the parties and/or their counsel. And that ego clouds their judgment.

INSTEAD, litigants should consider hiring a disinterested “early assessment consultant.” An early assessment consultant could be hired before someone sues, or shortly thereafter, to give an independent evaluation of the expected settlement – well before the accumulation of enormous legal bills.

An early assessment allows the party to think more seriously at the outset about a resolution, and develop a strategy to achieve it in before spending the months or years in discovery and motion practice. The emotional and financial savings allow you to move on to more productive activities.

If the early assessment from an unbiased consultant results in an earlier settlement, it is likely that everyone in the process will be better off.

I offer my services as an early assessment consultant to any party thinking about or engaged in litigation. My experience on both sides allows me to provide an independent early assessment at a cost that is a fraction of the legal fees you will incur if you engage in the traditional practice of waiting months or years to seriously evaluate the case.