According to The American Judges Association, 97% of civil cases are resolved without going to trial. It’s the 3% of cases which go to trial that help shape the outcomes of the majority. More conservative estimates put the rate of civil cases resolved out of court at 80%. Even allowing for cases terminated for reasons other than trial or settlement, a clear majority of cases are ultimately resolved with a settlement.

In this context, a successful track record at trial influences an attorney’s success rate outside the courtroom. The ability to secure large verdicts requires special skillsets. Opposing defendants understand that and make their decisions on how to proceed accordingly.

Conversely, defendants and their insurers are aggressive and bullying to attorneys who do not have a proven record of trial success. Thus, when a client aligns with an attorney who has a track record of success in trial, they can take comfort that their attorney will be able to secure the highest recovery both in cases that proceed to trial and those that settle.

A strong record in the courtroom demonstrates an attorney’s ability to recognize which cases are likely to benefit from going to trial. The better those past outcomes, the stronger our future negotiating position is.

Nobody can make these predictions with 100% accuracy. But if a defendant’s legal team deems their opposition to have the upper hand in a potential trial, they’re more likely to go for a settlement. If that upper hand is strong enough, they’re more likely to start negotiating at a point more favorable for the claimant.

Finding a meticulous litigator who places a high value on comprehensive strategic analyses should be a priority for anyone seeking legal representation. My track record as an elder abuse attorney includes a number of verdicts that place me in that category, including the largest nursing home verdict in the history of Sacramento and the greater San Francisco Bay Area, and the largest assisted living facility verdict in the nation.

Ultimately, my record matters to me because it matters to my clients. I need them to know that I’ll take their case to trial if that’s where the best outcome lies — and equally that I won’t if it doesn’t.