2.24.2011

Handouts
#14- Mandatory Arbitration- RCW 7.06.020
#15- Article on Mediations
#16- Sample Mediation Brief

Discovery Project Due Tuesday
Next Thursday: Resume Review at 5:30pm
-Perkins Coie
-Dorsey Whitney
-Garden City Group
-Karr Tuttle
- And More!
Bring a few questions. What to wear to an interview, what are you looking for in candidates that don't have years of experience....

Why does settlement offer originate with Plaintiff?
-"You don't pay the bill before you get it."
-Defendants reluctant to offer settlement as it may appear weak.

Plaintiff's Settlement Demands
- Client history- Jury will ask how this case affected this person.
- Individualize damages- passed over for promotion, detrimental to charity work, children, etc.

10 Factors (Largely out of your control) that impact the value of your case:
1. Jury
2. Race
3. Gender
4. Economic status
5. Judge
6. Strength of witnesses
7. What kind of day your lawyers having
8. ....
9.
10.

Settlement Brochures
- No such thing as a settlement OFFER. Plaintiff DEMANDS, Defendant OFFERS.
- Every case should get your best effort. No abbreviated settlements.
- Never use words such as "minor" to describe injuries. "Minor concussion, minor cut to the face." Really?
- Never negotiate with yourself. Don't cut your own demand package before a response.
- No such things as a reasonable offer. Both sides start with exaggerated sums.
- Do not refer to your client as the "Plaintiff." Personalize your client.
- Personal history- Include details that will address issues the other side is likely to bring up.
- If it's worth mentioning, it's worth mentioning right. Include details.
- This is your chance to be an advocate. Did it malfunction? or did it BLOW UP?! EXPLODE?
- Don't phrase it as what your client said (distance yourself from statement as if you don't believe it). Phrase client's statements as fact.
- The time you spend drafting settlement will dramatically decrease your trial preparation time. - - And it will be intimidating to the other side, show that you are ready for trial if necessary.

- Settlement Agreements
Rare. Usually money for release. Confidentiality agreements with hospitals, other equitable remedies required, etc.
- Only client may choose to accept settlement. You may withdraw from case over a disagreement with client about value of the case. But you may not file a lien to collect.
- ALWAYS send copy of demand to client for approval. You cannot settle a case that you do not have client approval and consent on.
Settlements not in writing are NOT enforceable. CR 2A


Releases
- Two Types
1. Non-Litigated
Plaintiff --->Release (agree not to sue)---> Defendant
Defendant ----> $ ----> Plaintiff
Plaintiff ---> Holds Harmless ---> Defendant
2. Litigated
Same as above.
+ Dismissal of Lawsuit

Two Types of Releases
Global Release- Release of everyone and everything. (Even unnamed parties.)
Partial Release- Only releases some people and/or things.
Be careful about signing releases! Know what you're signing.
"All injuries known or unknown..."
"Whether known injuries worsen, or unknown injuries occur...."
Partial releases generally only in punitive damages against corporate defendants.

Dismissals CR 41
1. Stipulated Dismissal
Unless it says otherwise it is presumed withOUT prejudice.
2. Voluntary Dismissal
3. Court Ordered Involuntary Dismissal
Failure to comply with court orders, or if parties have failed to take action for the past year.
Will receive notice of OSC Order to Show Cause.
4. 12b Motion, Objection

CR 41(e) If a case is settled after it has been assigned for trial you MUST NOTIFY THE COURT. If it is within 5 days of the trial date you must notify by telephone or in person.

Confession of Judgment
Stipulate to judgment without trial, usually in collections cases.

Distribution of Settlement Funds
Statement MUST be prepared.

Tuesday- Bring Local Rules