The 30-Day Client Preparation Plan

Editor's Note: This is the third article in a special 10-part weekly series on settlement of litigation.

In litigation, preparation is arguably at least 90 percent of any secret to success. This principle is true not only for success at trial, but also regarding any upcoming “four-way” settlement conference with the opposing party and counsel. Therefore, the focus of preparation should not simply be on the attorney or the client individually, but rather on both functioning together at the settlement conference as a unified team.

These days, the majority of attorney-client communications tend to take place by e-mail, text or phone. Unless the client lives hundreds of miles away, however, the importance of thorough preparation strongly supports the scheduling of at least one detailed face-to-face meeting in counsel's office, to focus on the anticipated settlement conference itself.