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02-27-2017, 11:19 PM
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#41
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Recycles dryer sheets
Join Date: Jan 2013
Posts: 192
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You say you would make more going to trial. That assumes you win on your damages theory and there is no guarantee once you go to trial. You were apparently willing to take $300k since that was the offer from your side. If you are right and you can get them to $250k, I would probably take it. That is 50k less than you wanted at the start of the negotiations but when you factor in the risk of a trial, that isn't much discount from that. There simply is no way to know how a trial will come out. You say you lost about 200k in commissions. Estimating that the lawyer will take 33% max since you are not going to trial, you would net about $167k. That is a pretty good return with not much upside to going to trial. Say you get your 200 plus 100 in interest. That's 300 with the lawyer maybe getting as much as 40% since there was a trial. That only nets you 180 or 13 k more for a real risk of getting zero. A litigant can't take this personally and need to make a business decision on the numbers. If my estimates are any where near the truth, the right business decision is to take the deal at 225 or 250 but I would make the attempt to work them up to 250.
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02-28-2017, 03:29 AM
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#42
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Thinks s/he gets paid by the post
Join Date: Apr 2005
Location: Duesseldorf, Germany
Posts: 1,202
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It is a business decision.
You are not in the litigation business.
Take it and go on with your life.
Do not let emotions (revenge, making it "too easy" for your lawyer) get in your way.
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02-28-2017, 04:54 AM
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#43
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Recycles dryer sheets
Join Date: Oct 2012
Location: Minneapolis 'burbs
Posts: 382
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And a trial would be a pain. in. the. ass. for you too. Much more than that 13k marinauser cited would be worth. And they're already out their lawyers' fees as well as what they're offering you.
If they've cheated other firms, let those others have their pounds of flesh as well.
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02-28-2017, 06:13 AM
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#44
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Thinks s/he gets paid by the post
Join Date: Feb 2012
Posts: 1,495
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It wasn't a trial about my finances, but the city I worked for. The amount was $16 million and the legal wrangling lasted 10 years; not trial but lots of discovery and binding arbitration (that turned out not to be binding. WTF?)
We never had a legitimate offer to settle, but given the hair and sleep I lost over that time I'd have recommended settling for anything reasonable. Spending time in rooms with lawyers is not fun. Our legal bills were over $5 million, but we did prevail for the $16, unbelievable as that is. If I were you I'd settle and get on with life.
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02-28-2017, 07:42 AM
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#45
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Thinks s/he gets paid by the post
Join Date: Apr 2012
Location: Nashville
Posts: 2,504
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Commercial lit attorney here. Take it and get on with your life, unless this is a big matter of principle for you. Doesn't sound like trebling would make much difference in your planning/situation, and there is always a risk with a jury trial--no matter how strong the case and how good your lawyer is.
BTW, congrats on new screen name!
__________________
OMY * 3 2ish Done 7.28.17
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02-28-2017, 11:08 AM
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#46
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gone traveling
Join Date: Dec 2016
Posts: 733
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02-28-2017, 11:20 AM
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#47
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Jun 2005
Posts: 10,252
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For loss of purpose, get thee to a Viktor Frankl aficionado.
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03-04-2017, 10:19 PM
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#48
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Thinks s/he gets paid by the post
Join Date: Apr 2007
Posts: 2,360
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Quote:
Originally Posted by H2ODude
I'd have recommended settling for anything reasonable. Spending time in rooms with lawyers is not fun…. If I were you I'd settle and get on with life.
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+1
__________________
"To know what you prefer, instead of humbly saying Amen to what the world tells you you ought to prefer, is to have kept your soul alive". Robert Louis Stevenson, An Inland Voyage (1878)
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