Alternative Dispute Resolution
2. Make sure your ex parte letter is effective. Ones that are too cursory or too prolix are ineffective. You need to be thorough, but not excessive. Te ability to distill the factual and legal essence of a case into a relatively short presentation is the hallmark of an experienced and skillful attorney. Te opposite also is true.
3. Make sure your client’s expectations have been evaluated properly and, if needed, modified throughout the case. When a client arrives at the settlement conference with unrealistic expectations, it usually means the lawyer has not done a sufficient job in managing the client’s expectations. When the judge evaluates the case differently, the client may question how effective his or her attorney really is.
4. Do not attach unnecessary or unnecessarily voluminous materials to your ex parte letter, and clearly point the Court (by tabs or highlighting) to the most important parts to facilitate the settlement judge’s review of the materials.
5. During the settlement conference, keep an open mind, particularly if the judge is identifying facts or law that undermines your position.
6. Be tactful and courteous during the proceedings. Tere is an old expression, attributed to Winston Churchill: “Tact is the ability to tell someone to go to hell in such a way that they look forward to the trip.” Te skill set needed to negotiate a settlement effectively is not necessarily the same one needed to try a case successfully. Few people are put in a frame of mind to compromise if they are insulted, talked down to, or subjected to a tirade.
By understanding the “rules of the road” regarding
how settlement conferences are handled in the District of Maryland, lawyers can enhance substantially their likelihood of achieving a fair settlement that both parties can accept.
Te views expressed in this article are those of its authors, and not necessarily of the United States District Court for the District of Maryland.
Biography Te Honorable Paul W. Grimm is Chief Magistrate
Legal matters can be complex.
Judge for the United States District Court, District of Maryland. First appointed in 1997, he was appointed as Chief Magistrate Judge in 2006. He currently serves as a member of the Advisory Committee for the Federal Rules of Civil Procedure. He has authored numerous books, chapters, and articles regarding discovery of electronically stored information. He is a frequent lecturer on evidence and civil procedure at CLE seminars throughout the country and serves as an adjunct professor at University of Maryland School of Law and University of Baltimore School of Law. Lisa M. Yurwit is currently serving as a law clerk to Judge
So can managing a law firm.
We have a long and successful record as advisors to the law firm community, serving clients from start-ups, to large, regional firms. Find out how we can bring greater profitability to your firm.
Grimm. She previously served as a law clerk to the Honorable Ellen L. Hollander, Maryland Court of Special Appeals. She received her BA, magna cum laude, from Amherst College and her JD, summa cum laude, from University of Baltimore School of Law in 2008. She was admitted to the New Jersey and Maryland Bars in 2008 and the Bars for the District of Maryland and the Fourth Circuit in 2010. Melissa M. O’Toole-Loureiro is currently serving as an
intern to Judge Grimm. She received her BA from University of Maryland College Park. She is currently in her second year of law school at University of Baltimore School of Law. She is scheduled to graduate in May 2012.
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BALTIMORE • WASHINGTON • FREDERICK • BELCAMP
18 Trial Reporter / Fall 2010
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