How To Settle Court Cases (especially during Court closures)

The outbreak of covid-19 across the world has shut down the Courts. Two obvious points during these challenging times:

  1. There are many things in life far more important than litigation.
  2. Litigation must be handled differently.

Obligations

Lawyers have always been duty bound to encourage and explore resolution. This duty is enhanced during Court closures.

Clients are morally and ethically duty bound to support the cause of justice and to seriously consider resolution options.

These shared obligations assist everyone deal with a crisis that is far more important than litigation.

Thoughts on Settling Cases

Cases are brought to a conclusion through a value – build – settle – trial process.

Lawyers and clients sometimes incorrectly value a case. The 6 Trial Fundamentals will help with valuation.

Additionally, a hurdle to settlement is sometimes a failure to communicate. With Court closures and social distancing, the telephone is the greatest tool for settling cases.

Settlement Resources

Downloadable Rule 49 offers, minutes of settlement and releases can be accessed here.

Court cases can be discontinued on consent, which avoids the need to draft a motion to dismiss a case, avoids a $320 Court filing fee and most importantly can now be filed online. Details and link to downloadable consent and discontinuance here.

Trial book HOW TO WINg A TRIAL dives into a detailed analysis of the 6 Trial Fundamentals and how to leverage them in preparation for trial and at trial. Doing so helps maximise the value of any settlement or judgment.

Negotiating, settling and then discontinuing cases online will ease the burden on the Court system.

Trial Resources

Trial Book Trial Manual Trial Checklist Trial Forms

These trial resources are trial information, not trial legal advice.

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