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Old August 12, 2014, 08:37 PM   #13
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by kilimanjaro
True, but deep-pocketed public attorneys paid by the year don't generally settle such cases without knowing what could happen if it goes to trial, cornflakes notwithstanding.
How would you know?

First, the attorney doesn't make the settlement decision. The agency/defendant does, with input from the attorney. Second, even in the public sector there are costs and budgets to be considered. Third litigation takes people, both attorneys and involved agency staff away from other work that needs to be done. Fourth, there is always some level of risk.

So in general settlement decisions are largely economic. If the cost of the settlement makes sense in light of the cost and risk of defending the litigation, settlement is a very attractive prospect.

Sometimes a defendant will have a reason to draw a line in the sand. But most of the time a settlement decision is reached on basic cost/business principles.
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