You Can’t Always Get What You Want

The Rolling Stones said it best, you can’t always get what you want. In fact, most of the time we do not get what we want. It is important to keep that in mind when deciding whether to make an agreement to resolve a case, or go to a trial. If you can get at least some of what you want in an agreement, there are some huge advantages to settling as opposed to letting a judge, or in some cases a jury decide.
You know what will happen, judges, and jurors are unpredictable, you do not know what they may do you could win big, or lose big.
The process of a trial, regardless of the result is generally unpleasant. In family court, you will hear the other parent, and their lawyer trash you in open court, often for hours on end. While it is true that you and your lawyer will get to trash the other parent, most people would rather avoid a mutual semi-public bashing.
In criminal court, if you lose you will be convicted, and likely go to jail or prison, for family court, your future with your children is likely at stake, or your financial security. The stress when the stakes are that high is very hard for many people to bear, to say nothing of the increased legal costs of contested cases.
Don’t get me wrong, if there is no reasonable offer on the table, I am happy to go to trial with you, have done it hundreds of times. But, if I can negotiate a fair agreement for you give it some serious thought, by taking it you will avoid a lot of grief regardless of the result.