Question for my PI attorneys Forum

[riisq]

How quickly is a first-year personal injury attorney expected to settle a case? I graduated 2014. Struggled to find a job for a while due to shit grades T25. Finally got a gig and it's in an area I enjoy. I want to succeed.

[Anonymous User]

That's about as generic a question as you could ask. I'd be happy to answer some more specific questions that you might have.

[riisq]

Is it really that generic? I ask because I assumed that's the primary objective unless it strategically makes sense to go to trial. My understanding is that you try to settle for a favorable amount, while at the same time trying to get through discovery and place yourself on the trial calendar as quickly as possible.

As a new guy I don't handle complicated matters just slip and falls really. The leadership at my firm don't provide much training either. I have been learning on the go which makes me nervous. I just want to make sure I'm not setting myself up for failure by not closing out files quickly enough.

Is it possible to PM you for further advice?

[LeDique]

Yes. That question is impossible to answer because there's various settlement points along the flow of cases. Whether you'll settle at that point depends on the facts of the case, how good your client is as a witness, how good the opposing witnesses are, the stubbornness of opposing counsel, the stubbornness of the insurance company, the weather, opposing counsel's fantasy team's performance, and so on. It's not like you can look at a case and say "oh this should settle in a month." Sometimes you can settle a case with one phone call as soon as the client has signed the fee agreement. Sometimes it won't happen until the morning you're set for trial. The point is: who fucking knows? You could sit here and tell me everything about your case, and the bottom line is no one knows because there's so many variables.

It's really like guess and check: was the response to my demand letter one that shows they want to negotiate or was it pound sand? Then you go from there.

To be honest, you're going to learn that this rush approach is really untenable once you have a reasonable amount of work. Your focus will transition to meeting the next deadline.

[meg5096]

Yes. That question is impossible to answer because there's various settlement points along the flow of cases. Whether you'll settle at that point depends on the facts of the case, how good your client is as a witness, how good the opposing witnesses are, the stubbornness of opposing counsel, the stubbornness of the insurance company, the weather, opposing counsel's fantasy team's performance, and so on. It's not like you can look at a case and say "oh this should settle in a month." Sometimes you can settle a case with one phone call as soon as the client has signed the fee agreement. Sometimes it won't happen until the morning you're set for trial. The point is: who fucking knows? You could sit here and tell me everything about your case, and the bottom line is no one knows because there's so many variables.

It's really like guess and check: was the response to my demand letter one that shows they want to negotiate or was it pound sand? Then you go from there.

To be honest, you're going to learn that this rush approach is really untenable once you have a reasonable amount of work. Your focus will transition to meeting the next deadline.

All of this.

[riisq]

Yes. That question is impossible to answer because there's various settlement points along the flow of cases. Whether you'll settle at that point depends on the facts of the case, how good your client is as a witness, how good the opposing witnesses are, the stubbornness of opposing counsel, the stubbornness of the insurance company, the weather, opposing counsel's fantasy team's performance, and so on. It's not like you can look at a case and say "oh this should settle in a month." Sometimes you can settle a case with one phone call as soon as the client has signed the fee agreement. Sometimes it won't happen until the morning you're set for trial. The point is: who fucking knows? You could sit here and tell me everything about your case, and the bottom line is no one knows because there's so many variables.

It's really like guess and check: was the response to my demand letter one that shows they want to negotiate or was it pound sand? Then you go from there.

To be honest, you're going to learn that this rush approach is really untenable once you have a reasonable amount of work. Your focus will transition to meeting the next deadline.

This makes a me feel much better. With regards to deadlines I'm assuming you mean on important matters such as resposes to motions, filing deadlines, etc. In your experience does that extend to discovery responses? I've been late on my responses before but only because I was slammed with work. Is that a mark of a bad associate?