In some cases, parties feel shocked or dismayed when their legal counsel encourages them to settle instead of going through all procedures until trial. Some wonder if their lawyers are not skillful enough to win the case or if they lost faith in the entire case. It is why David Serna believes that it is essential to discuss settlements and the lawyer’s role in it. Lawyers should adequately guide their clients to prevent them from having misapprehensions, which can have disastrous effects.
David Serna believes that a settlement does not necessarily mean that anyone was right or wrong, nor does it have to settle the entire case. However, criminal cases have a different arrangement. The government or a court may decide to dismiss a case. The defendant may also plead guilty, which may dismiss some of the charges or shorten the sentence.
Settling cases can have advantages, such as:
● The client can save a significant amount of money from legal costs if you settle before the hearing.
● It will give the involved parties a chance to decide what they are willing to accept. It can also take the risk out of the case.
● Settlements will also help avoid the stress of giving evidence undergoing cross-examination.
A legal counsel cannot, in any case, suggest a tie. Instead, David Serna believes that good lawyers will explore reasonable settlement resolutions and give their clients an accurate and full cost-benefit analysis of the available alternative options. Lawyers need to explain to their clients carefully and as extensively as possible to understand why they are even considering settling. David Serna believes that good lawyers will argue their case as strongly as possible. But the best lawyers will discuss both sides equally well. They should know that understanding the opponents’ arguments is as vital as understanding their case, which will give them an insight into why they should settle or not.
However, it would be best to keep in mind that you cannot or should settle all cases. Sometimes, the amount or agreement may be too little or unrealistically big. If you need any legal advice, you can reach David Serna, a nationally-recognized criminal defense lawyer, via email, telephone, video conferencing, or in-person visits under strict disinfecting protocol and mask requirements.
