If you are sued or need to sue someone else, you want the attorney who represents you to be a highly skilled negotiator. Although most people are aware that settlement negotiations often precede a trial, the entire process is, in fact, filled with small yet crucial negotiations.
Pre-Lawsuit.
Before a claim is filed, attorneys often begin the litigation process by conducting preliminary, informal discovery and sending a “demand letter.” Informal discovery efforts help to illuminate the facts and circumstances surrounding the matter. The demand letter summarizes how one party feels his or her rights or interests have been violated and the relief to which he or she feels entitled. Informal discovery and demand letters open the door for a kind of negotiation process to begin before a claim has officially been filed. Under the right circumstances, a skilled negotiator may help a client achieve a critical win without stepping foot inside a courtroom.
Opposing Counsel.
So, it has come to the worst: you’ve been sued or need to sue someone. A complaint has been filed, and the parties have begun the “formal” discovery process—written interrogatories, requests for production of documents, and
depositions. Throughout this process, your attorney will be regularly communicating with opposing counsel to obtain the information you need to win your case. Your attorney will be negotiating with the other party’s attorney on many issues big and small, such as extending deadlines, amending pleadings, waiving required but lengthy notices, producing important documents, and even just obtaining responses to emails. Each of these steps may be crucial in your particular case, and a highly skilled negotiator can make all the difference.
The Judge.
Sometimes, even the best efforts to negotiate with opposing counsel are unsuccessful. At that point, your attorney will turn to the judge: arguably the most important person with whom your attorney needs to negotiate. For example, say the opposing party has certain documents you need to make your case, but they refuse to produce them in discovery. Your attorney will likely file a motion to compel that will be decided by the judge.
Trial judges have significant discretion in how they manage their dockets and cases. This discretion is a good thing when you have an attorney prepared to carefully and appropriately negotiate with the judge to achieve an outcome that is advantageous to you.
Settlement.
As the case proceeds toward trial, the parties will often engage in formal settlement negotiations. These negotiations can be in the form of exchanged letters, phone calls, emails, mediation, or all of the above. No matter the medium, your attorney will be speaking on your behalf with opposing counsel to get you the deal you want. And you want an attorney who is skilled in negotiation and having those conversations.
At AKC Law, our litigation team understands the role negotiation plays, and we are prepared to put those skills to work for you. Contact Hallie at [email protected]