Blogging has been a tad light as I've been preparing for a civil jury trial that was to start today.
Prepping to go to trial is like nothing else in a lawyer's life - it takes 100% of your time and effort to get ready, do your jury instructions, prepare your jury selection, prepare your witnesses, prepare your expert witnesses, plan your opening, craft you exhibits, prepare exhibit books, prepare your witness questions, prepare your cross examinations of the other side's witnesses and be ready to go. It's nerve-wracking as there's a lot riding on it and you don't want to miss even the smallest detail that might help win your case.
So I get to the courthouse and am in the courtroom setting up at 8am this morning.
The other side had so far refused to settle. Amazingly when we were looking at over $130k if it went in our favor, we were all of $5,000 apart after major concessions by my clients in settlement numbers. The other side had refused to even give the courtesy of a response on Friday to my offer of splitting the baby and us coming down and they coming up by $2,500 to be done. So I work all through the weekend getting everything ready to go.
So another couple attorneys walk in - uh oh, looks like we're about to be bounced for a criminal case as criminal trials get precedence over civil trials. This means rescheduling everything and everyone and we would go sometime after the criminal case ends.
The judge calls us in to chambers and we discuss, and she's not amused that the other side is not settling over $2,500 after all the good faith concessions we had made to try and settle it. She also talks with the parties (separately) about settlement as well.
Unfortunately, the dynamics of the case is the other side is represented by the Defendant's daughter, for free. Even worse, she's a family lawyer by trade so it makes some things even more difficulty in what is a property damage case.
It was also very clear the judge wanted this case settled. After much browbeating they finally come up the $2,500 and my clients grudgingly accept it after having us had to work so hard this weekend when this should have been resolved Friday without all that time spent.
We put the settlement and entered judgment on the record and we're done.
Most cases settle because there's no guarantee as to what a jury will do.
This case also settled as getting the Defendant to pay up even if we got the full $13k we were after would be difficult as in the over a year and a half since we filed, he's had health issues and become much less collectible than he had been before when the case started.
The clients decided not to take the risk of trial and save themselves days of trial and also having to wait for the trial to be rescheduled and instead got this finally done. Too bad the other side couldn't have done that on Friday.
Can't blame my clients one bit for deciding to settle and getting this case, which has been on since 2018 over, and it's always their decision, but taking this to trial would have been fun after all the work and sweat put into preparing for it and dressing up for the occasion.