Don’t Fail to Take into Account All Relevant Factors When Valuing Your Case

When valuing their case, lawyers too often omit significant factors. Some will simply adopt a value equal to their best day in court. Others will discount that value by a too optimistic risk factor. Costs of litigation and the risk that a defendant will prove uncollectible are overlooked or underestimated.  Rarely will their valuation reflect that prior to trial the case might be assigned to a different judge or that there might be a change in statute or judicial precedent applicable to their case. Also ignored or undervalued are the possibility that a trial might create a precedent having adverse future implications or generate publicity which might tarnish a party’s brand in the marketplace. So don’t fail to take into account all relevant factors when valuing your case.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute