When To Go To Trial
Written by Simon P. Etehad Esq.
When clients walk through the doors of Etehad Law, we strive to provide them with a sense of security, understanding that we will handle each case diligently and with complete transparency. As the case progresses through the legal process and on to trial, this guiding principle remains the same.
Committing to taking a case to trial is a long, tedious, and expensive decision. It becomes necessary when the parties have reached an impasse after a challenging battle through the investigative stage of litigation, referred to as the Discovery phase.
Discussing the ramifications with our clients is paramount when deciding whether to take a case to trial. The client must be advised of the risk involved when making that decision because, ultimately, it is a choice only they can make.
Taking a case to trial occurs only fractionally; in civil cases, a mere 2-3% of cases are severe and contentious enough to warrant the risk of going to trial. The risks involved can range from a net recovery identical to that if a settlement were achieved before trial to the full defense of a case.
A benefit of going to trial and "winning" is that the jury verdict can be multiples of the most recent offer from the opposition. What's more, the foundational principles of justice are highly influential factors for clients when deciding whether to accept a reasonable offer or take their chances at trial.
We always explain both possible outcomes to our clients so that they have full knowledge of what trial entails, not least of which is their time and money. A client's time and the ability to be available on short notice without exception are often stressful enough for the attorneys, let alone the clients themselves.
When deciding whether to take the case to trial, some factors to consider include the client's past medical care and expenses, future medical care, and pain and suffering. There are others, but these provide a landscape for what to expect as the case progresses. As cases get closer to trial, the arguments can become more contentious, but both sides may also become more amenable to settling. The client should always understand the tremendous cost of retaining experts, acquiring demonstrative exhibits, in-court presentations, etc. On balance, these costs could result in a negative outcome if not carefully considered when weighing the projected value of each case.
A client is typically influenced by the emotional and physical components of their case–medical treatment, pain and suffering, and their desire for justice. However, in the eyes of a jury, these aspects are not always perceived and felt the same way. Jury members have their own preconceived notions of justice, reasonableness, and suffering–which do not always align with those of the clients or attorneys presenting the client's story at trial. The attorney's goal is to convey that message effectively, but a jury can be an unpredictable factor. And, of course, the jury is only allowed to consider the facts and testimony permitted by the trial judge.
For this reason, each client must have a candid and fully transparent conversation with their attorney about assessing a "value" for their case, recognizing that this value, whether monetary, emotional, or spiritual, may not be achievable when their dispute is handed over to 12 strangers empaneled as a jury to make that decision for them.
To learn more about Etehad law, visit etehadlaw.com or call 310.550.1220
