Trial Counsel for Law Firms

Reducing Trial Risk for a Trial on the Merits

A few reasons why parties may not want to participate in a civil trial include:

1. Legal fees and the financial commitment of trial;

2. The risk of having to pay the other side’s legal fees (costs); and

3. The risk of winning vs. losing the case on the merits.

Reasons 1 and 2 have nothing to do with the merits.  They are simply financial barriers and risks to accessing justice.  They are some of the most common issues raised in negotiation in support of settlement.  Ideally, the only risk of trial would be the risk of winning vs. losing on the merits.

Hassell Trial Counsel is working on how to take reasons 1 and 2 out of the equation.  Imagine how bargaining positions change with legal fees for trial and the risk of paying costs removed from the negotiation?

Once risks 1 and 2 are off the table, the focus is on good old fashioned trial work to put the best case forward at a trial on the merits.

Hassell Trial Counsel
111 Greensides Ave
Toronto, Ontario M6G 3P8


© 2014 Hassell Trial Counsel. All Rights Reserved. Terms of Use and Disclaimer