Trials and settlements

AuthorStephen Grant
g Part Four g
To try or not to try, that is the question. “Whether ‘tis nobler in
the mind to suer the slings and arrows” of an enraged or uninter-
ested judge or “to take arms against a sea of troubles and by oppos-
ing,” settle? (With apologies, of course, to the Bard.) How is a client
to know? In Texas, some lawyers and law professors propose that trial
counsel must disclose to prospective clients as part of their professional
duties, the extent of their experience, particularly in front of juries. All
this in an age of the “vanishing” trial, let alone lawyer rating services
on the Internet. Interestingly, it is often harder to settle a matter than
simply to try the case. A client can be critical of the result either way, but
at least with a trial, someone else made the decision. In this chapter, a
retired and witty judge and a noted media counsel oer their distinct

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