What is Settlement?

Settlement has become increasingly common in Texas courts. Most cases that would have gone to trial years ago are now being settled before ever reaching a jury. Cost is a primary reason for the change. As the cost of litigating a matter has risen due to inflation and other factors, parties have naturally found other ways to resolve business disputes.

At my Texas law firm, I represent businesses throughout Austin and Central Texas as well as from other states, helping my clients resolve litigation favorably, avoid the risks of trial, and minimize the cost of litigation effectively. My goal is to achieve resolutions to legal problems and to reach those resolutions while keeping my clients’ business objectives in mind. To maximize results while minimizing costs, I often aid my clients in negotiating settlements, usually employing alternative dispute resolution methods, such as mediation, to reach settlement.

Trial Preparation and Settlement

Almost counter intuitively, the key to a favorable settlement is often thorough and effective trial preparation. In conducting discovery — including interrogatories and depositions — and in motion practice, I gain the knowledge to evaluate the value of a settlement and increase the other parties’ willingness to give more in the settlement.

Nobody wants to invest money, go to a jury and lose. The truth is that, while parties may threaten harsh legal action, they are often risk adverse. And the more I prepare, the more other parties know that my clients are taking the matter seriously and are ready to bring strong cases to trial.

These parties are more likely to settle before risking a loss in the courtroom. They are often willing to engage in a court-sponsored mediation process, negotiating a settlement result over which they have more control.

To help my clients manage the cost of litigation, I often discuss settlement options with them. I may also discuss the possibility of making an offer that creates a favorable negotiation environment.

If a settlement offer is made, I will tell you whether or not I believe it is favorable. While I will guide you through making the right decisions about your case, whether to settle is always your decision. If you choose to proceed to trial, I have the knowledge, skill and experience necessary to aggressively advocate for you in state and federal courts throughout Texas.

Contact John McDuff

If you are considering legal action or have questions about settlement, I encourage you to contact me. Call 512.457.1177 or contact me online to speak with me, John McDuff, about your legal concerns.

The quality of my work as a lawyer is well recognized by my clients & I have received the AV rating* under Martindale-Hubbell’s peer review rating system.My clients are predominantly from Austin and Central Texas, and occasionally from other states.

*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

The information that you obtain at this site is not, nor is it intended to be, legal advice, and any use of this information will not create an attorney-client relationship. We invite you to contact us to get advice.