Not all cases that lawyers handle are smooth; some are quite challenging and complex, and they can take up to a few years to resolve. Usually, it is the experience of the lawyer or a law firm, their attitude toward recognizing the importance of a prompt evaluation and resolution and an experienced judge who encourages both parties to promptly and efficiently resolve a complex case.
Some of the complex cases that a lawyer may handle include insurance coverage cases, antitrust, environmental cases, product liability, etc.
There are tools available which, if used correctly, can increase the odds that a complex case will be resolved efficiently and promptly.
Factors Inducing Settlement
Cases settle for various different reasons. Nevertheless, common elements exist. The two common elements are; first, the lawyer and the parties must have adequate knowledge about the strengths and weaknesses of the case. Secondly, before a party in a challenging case is willing to act on that knowledge, the party must face a looming deadline, in most cases the trial, that pushes the client to make a decision.
A case Management Order
An effective case management order will set the tone for the proceedings, create a roadmap for the efficient conduct of the case and provide the means for compelling prompt compliance. A carefully-drafted case management order can offer assurance that the parties will reach the critical point for settlement as smoothly as possible and at the earliest possible date.
Identify test cases to expedite trial date
Whether established at the case management order stage or later, the use of test cases can significantly expedite and simplify complex litigation. Judges may be persuaded to allow severance of a test case as it simplifies discovery and trial management, reduces law and motion practice on discovery disputes, and encourages settlement of remaining cases. However, only a carefully selected “test case” will serve these ends.
A test case serves as a gauge for testing the theories in a case. This can have the effect of advancing the potential trial date and shorten the time and expense needed to reach a critical settlement point.
If an early trial date is set, the discovery will be naturally streamlined since there is a limited amount of time to complete discovery. All the parties should have the freedom to complete discovery on issues related to the case.
Trial and Trial Alternatives
While there are numerous alternatives to the trial as a method of resolution, there is a wide variety of techniques and alternative processes to push for a settlement. These techniques may include the use of a mutually agreeable or court-appointed third party to assist as a mediator. Another technique could be using a disinterested party to act as an early neutral evaluator.
There are several ways that a medical malpractice lawyer in Atlanta, Ga. may choose to handle a complex case. Resolving challenging and complex cases requires an experienced lawyer who is fully prepared to try the case to verdict and understands the different attitudes and techniques required to resolve a case promptly and efficiently.