printing Print

The site you are about to visit contain(s) information created and maintained by other public and private organizations. These links are provided for the user’s convenience.

The U.S. District Court of Northern District of Illinois does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information; nor does it control or guarantee the on-going availability, maintenance, or security of these internet sites.

Further, the inclusion of links is not intended to reflect their importance or to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.


Proceed


Top Ten Ways To Defeat Settlement*

"Top Ten Ways To Prevent Settlement."

  1. Insult opposing counsel and the client at the settlement conference (e.g., accuse them of lying and cheating).
  2. Fail to bring a party representative with full settlement authority (e.g., bring a party representative who has no authority beyond the existing offer).
  3. Spend more in legal fees than is involved in the case (e.g., come to the settlement conference having already spent $75,000 in fees to defend a $30,000 claim).
  4. Put your own interest in attorney's fees ahead of your client's interest.
  5. Refuse to make any settlement demand or offer.
  6. Pull your settlement demand out of thin air, without a factual or legal basis for it (e.g., demand $1 million in settlement when the maximum statutory recovery is $300.000).
  7. Raise your demand or lower your offer at the settlement conference (e.g., announce at the beginning of the settlement conference that your demand has now increased from $25,000 to $100,000).
  8. Announce at the beginning of the settlement conference that you have no interest in discussing settlement until after the judge has ruled on the summary judgment motion which you intend to file.
  9. Show up at the settlement conference without first looking at the file.
  10. Fail to show up at the scheduled settlement conference.

*The foregoing list was authored by an esteemed former U.S. magistrate judge in this district.


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
#CMPID1084