Off on the Road to San Diego
Tomorrow I fly down to San Diego for the "Trial Call" for a trial I've agreed to help litigate. This case involves issues about which I am very familiar, which is why I was asked (and agreed) to help. But once again I was reminded why I am happy most of my work day is spent keeping clients OUT of court.
I've spent about 80% of the last two days pulling together lists of cases, going over 200 odd exhibits (that's about 200 exhibits, not 200 exhibits that are odd), putting jury instructions in the proper format and generally breathing this case. Since I'm "second chair" and in theory "just helping out" I flat rated my fees. So I'm probably working for McDonald's wages, but I just can't not be prepared. And it is a fascinating to me, if arcane and boring to everyone else, case.
But my point is about the clients. My client is still paying his counsel by the hour. The other defendant(s) are paying their counsel by the hour. I figure in the last two days this case has generated about $30,000 in legal fees.
Meanwhile I just settled a case for another client for $32,000 even though the plaintiff didn't deserve a dime. Why? Because of the previous paragraph. I know my client could easily spend 2 to 5 times the settlement amount winning this case. And that doesn't include the increased overhead as their key employees spend day after day in depositions and pulling together documents. I don't want to win this case and then have my client say "we could have been over and done with this for $32K 2 years ago."
Here's a plan - have a non-litigation attorney evaluate any potential law suit before embarking on it. Litigators, often have too much to lose by saying "this will make you miserable, pay the plaintiff some money and go on with your life."
It's too late for that in San Diego. So I'm off on the road tomorrow at 0:dark:30.
