Renee Harvy says
12 years ago
some things I learned about litigation working as an insurance claims adjuster for 10+ years...
latest #11
Renee Harvy
12 years ago
1. it's always far cheaper to settle. ALWAYS
Renee Harvy
12 years ago
2. no matter what you have to give up, no matter what it costs, no matter what you have to accept, see number 1
Renee Harvy
12 years ago
3. Lawyers don't exist because every case is open and shut and can be tried on it's merits. they exist because there are always mitigating and/or confusing circumstances that can be exploited by clever folks
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Renee Harvy
12 years ago
to win a case they should have lost
Renee Harvy
12 years ago
therefore, you can have an absolutely air tight case, and it's still better to settle, because your legal opposition is getting paid to find a way to make it not air tight. And they most often will.
Renee Harvy
12 years ago
I litigated hundreds.... maybe thousands of cases in my career. I actually took to trial and took a court judgement on a few dozen (because there was just no reaching a settlement). Of those, I "won" a
Renee Harvy
12 years ago
handful, and nearly all of those were appealed, and maybe still be on appeal for all I know (I saw no final judgments in the course of my career).
Renee Harvy
12 years ago
and those cases that went to trial and went to appeal after that were all litigated by big companies with a staff of in house counsel, who weren't paying the actual hourly cost of all that litigation.
Renee Harvy
12 years ago
oh, and lest it seem that I'm implying that attorneys only exit to exploit loopholes and circumstances, I'm not. Some of them exist to figure out in advance what loopholes and circumstances will be exploited
Renee Harvy
12 years ago
and help you defend against them, or (more usually) advise you why your ass will be handed to you on a platter and you should settle. Those are the good guys :-P
Asha
12 years ago
Thanks for that post. More people need to read and understand it. Seriously, the assumptions some people make about settlements is scary and sad.
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