Micah Echols

Claggett & Skyes Law Firm

Bio soon to be updated

Mediation and Post-Trial Settlement ConferencesMediation and Post-Trial Settlement Conferences

Mediation and Post-Trial Settlement Conferences

Settle before or after the entry of judgment?

  • Does the defendant want to avoid the entry of judgment? Put a time limit on holding the judgment.
  • Would the entry of judgment with the full value put leverage on the decision-makers?

Do you have all the insurance policies?

  • Was notice given to all insurance carriers?
  • Do you need to consult with an insurance coverage attorney?

Have you discovered the defendant’s other assets?

  • Do you need to do post-judgment discovery?
  • Should you notice a judgment debtor examination?

Should you demand a supersedeas bond?

  • Will a bond requirement compel the defendant to make a reasonable settlement offer?
  • Is bankruptcy a concern? Should you hire bankruptcy counsel?

Is there some legal issue holding up settlement?

  • Do you need to defeat the defendant’s post-trial motions, e.g., motion for new trial, judgment as a matter of law, alter or amend judgment?
  • Would an award of attorney fees and costs place leverage on the decisionmakers?
  • Is there any post-trial motion that you can file? (challenge adverse interlocutory orders or directed verdict rulings
  • Do you have the basis to file a cross-appeal?

Does the defendant have a bad faith claim against its own insurance carrier that can be used as a bargaining chip?

  • Did the defendant have independent counsel during trial?
  • Should the independent counsel actually file the bad faith lawsuit?

Do you need the help of a mediator?

  • If the defendant emphasizes the strength of its appeal, a retired Supreme Court Justice could help.
  • Are there factual or insurance issues where a different kind of mediator could assist?
Getting Appellate Counsel InvolvedGetting Appellate Counsel InvolvedGetting Appellate Counsel InvolvedGetting Appellate Counsel Involved

Getting Appellate Counsel Involved

Case studies where cases went wrong at trial on legal issues

  • Inadequate pleading, including punitive damages
  • Inadequate orders in limine
  • Improper Batson challenges
  • Unrecorded bench conferences
  • Inadequate offers of proof
  • Settling of jury instructions
  • Settling of the jury verdict form
  • Failure to timely challenge the sufficiency of the defenses.

What does an appellate attorney do prior to trial and during trial?

  • Prior to trial.
  • Oppose motions to dismiss
  • Consult on motions to amend prior to trial.
  • Consult or draft summary judgment motions and oppositions.
  • Draft motions in limine on legal issues.
  • Consult on pretrial orders that are appealable or likely subject to a writ petition.
  • Prepare jury instructions.
  • Prepare the jury verdict form.
  • Prepare trial briefs on legal issues.

During Trial

  • Participate in bench conferences
  • Provide legal support for evidentiary rulings and objections.
  • Assist with offers of proof.
  • Prepare additional trial briefs.
  • Keep track of additional needed jury instructions
  • Settle jury instructions
  • Settle the verdict form.
  • Oppose the defense motions for directed verdict.

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