What happens when a client refuses to settle?
I recently have had a few clients who have refused to settle, they have gone so far as to tell me it was on principle. Lets talk about what happens in this situation.
Most civil cases can take one of the pathways.
- The plaintiff files a claim gets no defense. The defendant is noted in default and a judgment is ordered. Hopefully there are assets the plaintiff/creditor can garnish or put a lien on
- The plaintiff files a claim, the defendant files a defense and a settlement conference in scheduled. Hopefully a settlement is reached, and the parties walk away with something they find acceptable.
- The plaintiff files a claim, the defendant files a defence, and a settlement conference is scheduled. A settlement is not reached for any number of reasons, perhaps because on principle of the clients refuse settle, and the parties go to trial. This is thankfully not common, but it is the most expensive option for the parties. It could go on for months with a day here, an adjournment and another day six months later. Both parties present witnesses and evidence. It becomes a very complicated process, and one party always walks away unhappy with the result. Hopefully what the reason for the case is a good reason and strong enough to make this process worthwhile. That’s what happens when a client refuses to settle. Unfortuantly a lot more people are doing this on principle, to make a point or because they feel entitled.
A defendant has the option of filing a defendants claim. I do not encourage any of my client to do this as a matter of fact I strongly discourage it. I call it the kids on the playground.