Jay Shepard writes about the importance to litigation of motions practice and settlement negotiations: Small Lawyers, Big Lawyers: Real Lawyers Settle Cases, Above the Law, Aug. 31, 2011.
I once was at a CLE seminar where one of the deans of our local employment bar said that if you ever have the opportunity to try a case, you should leap at it — they’re a lot of fun.
Fun? Yes, actually they are. But I’m pretty sure that my fun was not one of the guiding factors in my clients’ decision to hire me.
The truth of the matter is that your job as a civil litigator is not to win at all costs. Instead, it is to make your client’s problem go away. And making your client’s problem go away often involves settlement. The deal is to get a good deal.