From our personal experience and from clients who’ve come to us complaining about this issue, it’s not unusual to hear that a lawyer who’d previously expressed positive feelings about a case suddenly starts pushing for a settlement.
These lawyers will reel in their clients by boasting about their willingness to go to trial only for them to suddenly change their minds. This unexpected pressure to settle is due to two main things:
1. They Didn’t Want To Try The Case In The First Place
From all the TV ads you can already tell how boastful lawyers can be especially about winning cases but truth be told, most personal injury lawyers prefer to settle instead of going through a lengthy trial. This is of course unfair to the client and they know this, which is why they won’t tell you right from the start that they won’t take your case to trial.
If you are a new client, they will promise you a fair trial but when the possibility of going to trial becomes distinct, they get cold feet.
This is an ethical guide for settlement negotiations.
You might also be dealing with settlement mills. A settlement mill is a law firm that rarely takes cases to trial and only settles with the insurance company. These settlement mills are bad for business and they give lawyers who are genuinely interested in getting justice for their clients a bad name.
So if your personal injury lawyer tells you they will take your case to trial from the get go, you should take his claims with a grain of salt.
2. His Opinion About Your Case May Have Changed
During your free initial consultation, your lawyer will hear your side of the story. At this point, his opinion about the case might make him conclude that the case is worth taking to trial. But once he receives a doctor’s report of your injuries and collects more information regarding your accident, he changes his mind.
The right thing for any lawyer to do at this point is to talk to their clients about the possibility of losing the case given the facts already on the table but most of them avoid such unpleasant conversations. They string their clients along, all the while making them believe that their case will eventually go to trial only for them to turn around and “suggest” that the client settle. Unsurprisingly, this usually happens right around the time when the insurance company makes an offer.
So if your lawyer changed his mind about going to trial, he didn’t change it out of the blues. He already knew your case didn’t stand a chance at trial and since he’s looking to get paid, he will push you to settle.
At Kevin P Landry, We Don’t Pressure Clients To Settle
No client likes being pressured to settle when they had high hopes of taking their case to trial. Our lawyers do their very best to research all the facts about your case and will always update you about any negative developments in your case to avoid any surprises.
When you visit our Hyannis offices for your free initial consultation, we will listen to your side of the story and then give you a number of options to choose from. We believe in fairness versus personal interest. Call us today at 508-775-1660 today to schedule your free consultation.