This seminar will provide guidance and insight for lawyers and their paralegals and staff who litigate all types of cases. The panel of attorneys will provide real world examples of how to present your best possible settlement package to the other side. From cover to content, this seminar will prepare you to optimize settlement results.
- Timing of settlement proposals
- Case valuation
- Settlement presentation
- Impact of Ohio's New Tort Reform Act (S.B. 80) on settlements
- Mediation - ADR
- Dealing with lienholders and other interested third-parties
- Effective use of technology
9:00 a.m. - 9:15 a.m.
A. Anatomy Of A Lawsuit
B. To Try Or Not To Try
C. Identifying Goals And Managing Client Expectations
9:15 a.m. - 9:45 a.m.
II. Timing: When To Think About
A. Initial Case Evaluation
B. Considering The Adverse Party And Opposing Counsel
C. Pre-Filing Settlement Considerations
D. Pre-Discovery Settlement Considerations
E. Early Motion Practice
F. Summary Judgment
G. On The Courthouse Steps
H. After Initial Adjudication
9:45 a.m. - 11:00 a.m.
(Break 10:15 a.m. - 10:30 a.m.)
III. Valuation: Determining The Value Of
A. Getting The Hard Numbers – Medicals, Lost Wages, Property Damage And Lost Profits
B. Valuing Pain And Suffering And Emotional Distress
C. Documenting Business Damages
D. Using Pre-Litigation Focus Groups
E. Mock Juries And Jury Verdict Research
F. The Role Of Experts In Valuation
G. Probability Analysis
11:00 a.m. - 12:00 p.m.
IV. Substance: Knowing The Law And The
A. Understanding The Law
B. Understanding The Facts
C. Anticipating Surprises
D. Identify Your Strong And Weak Points
E. Identify Their Strong And Weak Points
F. Know The Client
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
V. Packaging: What Your Demand Should
A. Using A Narrative
B. Using Outside Graphics Help
C. Quotes, Photos And Records
D. Letters, Folders And CD-ROMs
1:30 p.m. - 2:30 p.m.
VI. Technology And Reports
A. Video And Other Forms Of Demonstrative Evidence
B. Life Care Plans
C. Economic Forecasts
D. Using Medical Reports
E. Presenting Wage Loss
F. Presenting Future Medical Payments
G. Presenting Loss Of Use And Property Damages
H. Lost Profits Or Sales
I. Business Forecasts
J. Daubert Issues
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:15 p.m.
VII. Negotiation Issues And The Impact of
Ohio's New Tort Reform Act On
A. Addressing Potential Problems
B. Hardball Or Softball
C. Dealing With Insurance Agents
D. Dealing With Counsel
E. Non-Financial Issues
F. Business To Business Settlements
G. Impact Of Tort Reform In Ohio (S.B. 80)
3:15 p.m. - 3:45 p.m.
VIII. Can You Keep Your Promise Of
A. The Ohio Public Records Act And The Federal Freedom Of Information Act
B. Constitutional Right Of Access To Court Records
C. Post-Settlement Discovery By Other Litigants
D. Regulatory Inquiries And Reporting Requirements
E. Enforcing Your Confidentiality Agreement
3:45 p.m. - 4:15 p.m.
IX. Malpractice Pitfalls
A. Scope Of Release
B. Other Potentially Interested Parties
C. Extinguishment Of The Malpractice Claim
D. Subrogation Claims
4:15 p.m. - 4:30 p.m.
X. Closing Remarks
A. Substance Over Form
B. Ethical Issues
C. Review Of Technology