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Pending lawsuits in the Southern California Five County area have dropped in number over the last five years. However, the average cost to prosecute or defend the routine sized case has grown. While larger cases may be an exception, lawyers representing clients on a fee basis face increased challenges to handle their cases within an acceptable cost range. Client's resistance to paying fees grows continually. Plaintiff's lawyers often fund their client's cases. Increased carrying costs in contingency cases place fewer cases within their means. Claimants with solid cases cannot be helped unless their lawsuits, both large and small, can be resolved reasonably and expeditiously. Defendants under budget pressures are really in the same boat. Generally, in the early stages of a case the bare paper file sitting before you does not tell you where you stand. The most compelling reason for an early focussed mediation is that parties and counsel |
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can learn on what is truly at issue. |
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In past years "take no prisoners" and "scorched earth" litigation tactics seemed the order of the day for corporate defendants. These high cost theories were thought to create "bottom feeding" and "bargain hunting" opportunities. While |
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