Why do lawyers like to settle and talk things out before filing a lawsuit?

Question

why do lawyers like to work things out and talk rather than filing a lawsuit?

Answer 1

Because a lawsuit is win-lose. A settlement or mediation is win-win.

Trust me, you have no idea who will be the winner. It's a crapshoot, especially with a jury.

Answer 2

1. A settlement is a sure thing.
2. No one knows for sure what a jury (or even a judge) is going to decide about a case.
3. Waiting for a verdict usually means a wait of at least a year, very often more, while a settlement is usually processed and paid within 4-6 weeks of making the deal.
4. Sometimes, settlements occur after everyone has spent a lot of time and money on the case and have a relatively good idea about what a judge or jury would "probably" do and how much more time and money will be spent in order to try the case. When this happens, the parties can often find a settlement that makes good economic sense.
5. Some lawyers, despite their claims, don't like trying cases. Trial are hard work, very stressful for the lawyer, and any number of unexpected things can go wrong. Plus, if the lawyer is in a solo office or a small office, he/she can't work on anything else that might be pressing during the trial.
6. It's been said that a good settlement is one that nobody likes - in other words, everybody gives up something in a settlement in order to gain certainty, closure, economy, and speed. In a trial, most of the time, one person is going to like the result and someone else is going to hate it and you're never sure which one is which until the verdict is announced.

Answer 3

It is mostly to "feel out" the adversary and see if there are any facts that the lawyer's own client negligected to tell him. A lot of clients lie to lawyers, or tell lawyers only what THEY believe the lawyers need to know. Contacting the adversary is part of the lawyer's due diligence in investigating the matter. A lawyer can get into a lot of trouble for filing a lawsuit without a proper investigation.

Answer 4

My boyfriend is a lawyer. He always talks with a potential client to see if they really have a case or if things could be worked out through mediation.
His first consult is free and if thinks there is really a case he will take a retainer. So whether you win or loose he gets paid.
Therefore, for a client to be, there is no cost and then they know what to expect if they choose to go forward.
He does Civil Law, but the Personal Injury lawyers want to feel they can win because they get a percentage of the settlement and that is how they get paid.

Answer 5

I 100% agree w/the person that said that its win-win vs going to court which is usually win-lose. Going to a trial is a huge HUGE risk no matter how great or horrible you think your caseis. Its a fact that approximately 92% of ALL cases settle b/4 a formal hearing/trial. As I tell my clients, you give up the possibility of losing everything in x-change for part of your claim.

Answer 6

there are two reasons.

first is that it's cheaper. you don't have to spend as much in resources to settle.

second is that you're not going to lose. you know exactly what will happen.

so to reduce costs and avoid risk, lawyers avoid litigation.

Answer 7

Easier and cheaper. Going to court is expensive.

Answer 8

because it is cheaper and they make a larger profit. It is also quicker, which ads to the profit gain.

Answer 9

More money for less work
Probable loss in a jury trial
No honor among thieves

choose one or all of above

Answer 10

faster and cheaper than going to court.