If your attorney leaves the decision to go to trial up to you, it is crucial to have a comprehensive conversation and thoroughly weigh your options. While most cases settle, a few do not. Deciding whether to go to trial is a big decision, and if your attorney left up to you the decision of whether to go to trial, the final choice rests with you, the client. However, it must be an informed one. Before making a decision, you should consider the following factors in a detailed discussion with your lawyer.
Strength of your case
Your lawyer should give you an honest assessment of your chances of winning at trial. Consider the quality of your evidence, the credibility of witnesses, and any potential weaknesses. If the case relies on shaky evidence, a settlement might be the more secure option.
Risks of a trial
A trial is inherently unpredictable. The financial stakes can be high, with the possibility of a less favorable outcome than the current settlement offer or even no award at all. Additionally, trials are public, stressful, and time-consuming, which can take an emotional toll. Consider the members on the jury all strangers to you and your case. Some juries are unconvinced by even the most talented lawyers, especially when the attorney left up to me to decide whether to go to trial.
Costs
Beyond the uncertainty, trials are expensive. Attorney fees, expert witness costs, and other litigation expenses can add up quickly. It is important to compare the total potential cost of a trial against the certain compensation offered in a settlement. One great case expense is experts. If your case requires an expert to testify during trial, the cost can many times increase the cost exponentially of going to trial, particularly when the attorney left up to me the decision.
Personal goals
Deciding between a settlement and a trial is not just a financial calculation. For some, public accountability or a sense of justice is worth the added risk and stress of a trial. For others, the privacy and certainty of a settlement are paramount. Clearly define what you hope to achieve so you can determine if a trial is the best path to meet that objective, especially if the attorney left up to you to decide whether to go to trial.
Final decision
Your attorney’s role is to advise you on the legal aspects of your case, not to pressure you into a decision. When you feel ready, schedule a follow-up meeting. Go with a list of questions and concerns to ensure all your points are addressed and you have a complete picture of your options. Making an informed decision in partnership with your legal counsel is the best way to move forward with confidence.