This is the kind of thinking that has clogged the courts with merit-less cases. After all, by now we should know we get what we incentivize: file an action and get paid. Ms. Whyte is obviously not a trial lawyer, but rather, a litigator who encourages the practice of splitting the proverbial baby undoubtedly only after delving deeply into the facts, theories of liability and the law related to the case and being paid for such, then concludes it is time to settle. Better solution: investigate the claim, evaluate the merits and negotiate a settlement. If settlement is the goal, why not save all those defense dollars.
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Admirable argument and a common sense approach, however in cases where negligence or culpability is very tenuous; it hurts.
This is the kind of thinking that has clogged the courts with merit-less cases. After all, by now we should know we get what we incentivize: file an action and get paid. Ms. Whyte is obviously not a trial lawyer, but rather, a litigator who encourages the practice of splitting the proverbial baby undoubtedly only after delving deeply into the facts, theories of liability and the law related to the case and being paid for such, then concludes it is time to settle. Better solution: investigate the claim, evaluate the merits and negotiate a settlement. If settlement is the goal, why not save all those defense dollars.