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Winning Settlements, Revised Edition
James Abernethy, Charla Aldous, Jeremy Babener, Aaron Broussard, Aaron DeShaw, Joe Fried, Mark Kosieradzki, Michael Leizerman, Patrick Malone, Randi McGinn, Jack Meligan, Michael Neff, Courtney Rowley, Nicholas Rowley, Sean Simpson, James Stout, Brent Walker
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Description
Description
Learn case-winning insights from trial lawyers from across the country as they share proven approaches to resolving personal injury cases for top dollar. In Winning Settlements, authors Nick and Courtney Rowley, Joe Fried, Randi McGinn, Charla Aldous, Patrick Malone, and others, offer strategies and tools designed to help you maximize outcomes for your clients. In this collection, you will find lessons that will help you:
- Write effective demand letters that will maximize case value
- Achieve success in mediation—and know when to walk away
- Obtain transformational results that will help your clients find closure and improve public safety
- Increase the leverage you apply when dealing with the defense and strengthen your negotiation skills
- Leverage focus group results to heighten your case value during mediation
- Negotiate liens with providers, insurers, and Medicare
- Improve your practice and obtain better results through fighting secrecy
- Avoid taxation issues for you and your client by negotiating confidentiality
- And more
Benefit from lessons learned over the course of hundreds of cases prepared, settled, and tried by trial attorneys with repeated million-dollar wins. The authors share successful settlement case studies, detailing specific methods for negotiating pre-suit and during both mediation and trial that will help you obtain meaningful outcomes for your clients.
From effective negotiation strategies to examples of successful demand letters, advice on how to counter defense tactics designed to waste your time and wear down your client, and discussions of issues like timing during negotiations and how you can build credibility to improve case values across the course of your career, Winning Settlements offers practical ideas you can start using to improve the value of your cases today.
Authors
Authors
Details
Details
Paperback: 345 pages; Revised edition (2025); ISBN: 9781951962760
Publisher: Trial Guides LLC
Table of Contents
Table of Contents
- The Nuts & Bolts To Achieving Appropriate Settlements by James Abernethy
- Successful Settlements Start at the Beginning—Work Up Your Case
- Settlement Conference Example
- Common Mistakes
- Conclusion
- Demand Letters & Other Factors in Obtaining Maximum Case Value by Aaron DeShaw
- Important Skills as the Background for Success
- Beyond the Demand Letter
- Conclusion
- A Running with the Bulls Mini Update by Courtney Rowley & Nicholas Rowley
- Most Lawyers Settle for Less than Full Justice
- It’s Not Too Late to Change Your Ways & Be Relentless
- Mediation Should Not Be Your Go-To Tool
- Fight the Corruption & Take the Power Back
- The Relentlessness Pursuit of Justice Works
- Stop Making “Demands” & Instead Use the Words “Settlement Opportunity”
- Conclusion
- Tactical Advice, Ethics & Mindset for Settlement by Aaron Broussard
- Settlement Lawyers versus Trial Lawyers
- The Pregame: Getting Ready for Success at Mediation
- Game Time: Mediation & Negotiation
- Postgame: Finishing the Job
- Policy Limit Demands
- Beating Liens
- Who Are You? Ethical & Moral Considerations
- How to Avoid Settlement Remorse
- Settlements versus Getting Trial Experience
- Conclusion
- Leverage & Settling Injury Claims by Michael Neff
- What is Leverage?
- What Does Leverage Look or Feel Like?
- How Does One Use Leverage?
- What Does Leverage Do to the Other Side?
- What Happened Here?
- Conclusion
- Giving the Defense What they Need to Help Your Client by Michael Leizerman
- Does Settlement via Early Mediation Make Sense?
- What Does the Defense Need to Evaluate Your Client’s Claim?
- Two Myths about Settlement
- The Power of Video-Recorded Focus Groups
- How Can You Create an Effective Settlement Video?
- Conclusion
- Re-defining Your Win by Joe Fried
- Shifting from a Win-Lose to a Win-Win Mindset
- Non-Monetary Safety Terms
- Illustrative Real-Life Cases: Non-Monetary Safety Terms
- The Win-Win Proposition
- Facilitating the Inclusion of Non-Monetary Terms
- Non-Monetary Non-Safety Terms
- Non-Monetary Terms: Final Thoughts
- Credibility in Settlement Negotiations
- Building Your Reputation
- Conclusion
- Using Your Settlement to Change the World & Make Your Community Safer by Randi McGinn
- Using Settlement Negotiations for Safety Changes
- Ideas for Changes You Can Request
- Most Requested & Hardest to Achieve
- Other Avenues for Justice
- Conclusion
- Settlements That Can Heal the Soul by Charla Aldous & Brent Walker
- First Case Study
- Second Case Study
- Conclusion
- Getting Better Settlements by Fighting Secrecy by Patrick Malone
- The Marshmallow Test
- The Marshmallow Test & Settlement Negotiations
- Profits Over People?
- Secrecy Hurts Clients Too
- Tools to Fight Secrecy in Settlements: Ethics Rules
- Once Public, Always Public
- Turning Over the Lawyer’s Files
- Settling Tortfeasors Try to Get Between You & Your Client
- Noncooperation Clauses Violate Rule 3.4(f )
- “Nondisparagement”
- Confidentiality & Nondisparagement in Employment Cases
- Presuit Settlements & the Law against Extortion
- Income Tax Consequences of Secret Settlements
- Liquidated Damages Law
- Practice Tips
- Conclusion
- Taxability of Confidentiality Agreements by Mark Kosieradzki & James Stout
- General Tax Rules & the Exclusion of Settlement
- Proceeds Under Section 104(a)(2)
- Methods to Minimize (or Eliminate) Tax Liability on Client Settlement Proceeds
- Conclusion
- Settling Third-Party Cases That Have Companion Workers’ Compensation Cases by Sean Simpson
- No Double-Dipping Allowed
- Negotiating a Workers’ Comp Lien
- Provide Notice That You Have Filed a Third-Party Complaint
- Priority in Distribution of Settlement Funds
- Critical Artillery in Reducing a Workers’ Compensation Lien
- Litigating a Lien That Cannot Be Settled Informally
- When the WC Carrier Sells Their Lien Rights
- Other Factors as You Advocate for Your Client’s Interests in Their Third-Party Case
- Dealing with Credits toward Future Medical Benefits
- Conclusion
- Mastering Tax Strategies in Settlement Planning by Jeremy Babener & Jack Meligan
- Tax Basics for Non-Tax Lawyers: Key Settlement Considerations
- Getting Ahead of Tax Issues at Settlement
- Drafting the Settlement Agreement & Allocations
- Physical Injuries versus Everything Else
- Emotional Injuries & Physical Sickness
- Making the Most of Medical Expenses
- Strategies for Legal Fees
- Structured Settlements & Other Settlement Vehicles
- Other Tax Consideration
- Tax Issues for Defendants
- Conclusion
What Legal Leaders Are Saying
Overall rating: 4.923077 / 5 from 13 reviews.
AI Generated Review Summary
Summary topics
Review topics: [book, read, insight, approach, authors, settlements, strategies].
Review highlights
Reviews
EASY TO READ
"EASY TO READ AND GOOD EXAMPLES. INSPIRING"
From development to settlement. . . Great read
"Outstanding book that helps you manage your file and move it towards settlement. Also, great insight on ""Opening Up"" policies. Nick and Courtney Rowley offer great strategies. Author, Patrick Malone provides great advice on avoiding confidentiality clauses. I recommend all attorneys read chapter 10 ""Getting Better Settlements by Fighting Secrecy""."
Interesting authors with good insight.
"Interesting authors with good insight. Approach varied by author and topic. Overall a good read."
Winning Settlements
"The content is top-notch. It has valuable new insights from top trial attorneys, and even the things I already knew serve as good reminders. I'm sue the book will more than pay for itself with my next settlement. My one beef: I bought the e-book version and I learned that you can't read it with commonly available e-readers. You can only read it with Trial Guides' e-reader, which is almost prohibitively cumbersome. Get the print copy."
Winning Settlements is a better read than the title suggests
"Winning Settlements is a prudent, practical, innovative expose discussing the various approaches of competent lawyers who discuss how they approach settlements, some of what the authors discuss I already knew and some of what is discussed I had never given any thought to before reading it in Winning Settlements. It is a great read."
Get it today. Use it today.
"I'm only about a quarter of the way in and the book is excellent! So many great ideas that I can put into practice right away. I have already recommended this book to another lawyer in my office."
Hooray for more settlement tools
"Another great tool for your settlement toolbox. Proves that there's no one way to a winning settlement. Even Nick and Courtney Rowley (authors of Running with the Bulls) provide additional insight here. Context matters. Not every case is primed for the tactics taught in RWTB, and this book helps get top settlements in those case that require a different approach. Highly recommended reading."
Winning Settlements
"Outstanding collection of diverse and in depth perspectives on how to maximize settlements and help clients. Paid for itself first week in dealing with a bogus 3d party Medicare lien issue."
More than trial practice
"This is a great, truly practical book. I highly recommend it."
