Settling Cases With Intention: Ways To Maximize Client Recovery and Attorney Fees
Throughout December, many plaintiff firms are finalizing settlements under compressed timelines. Clients want closure. Firms are clearing dockets. Cases that have been active for years often move toward resolution within weeks of each other.
This pace creates risk.
A fast settlement is not necessarily a bad settlement, but rushed decision-making can undermine structure, tax planning, benefit preservation, and long-term client stability. The difference between a closure that simply ends a case and one that protects a client’s future is planning.
A well-planned settlement does not slow resolution. It clarifies it.
The Four Pillars of a Well-Planned Settlement
Across our work, four factors consistently shape strong settlement outcomes.
1. Timing and Pacing
End-of-year momentum pushes deals forward quickly. Deadlines stack. Conversations condense. Decisions are often made on partial information or without coordination beyond the immediate legal resolution.
Well-planned settlements leave space for review before agreements are finalized. Structuring options are considered early enough to align legal strategy with the client’s financial future rather than reacting after terms are already locked in.
2. Settlement Structure
Structure determines how settlement funds serve the client over time. Lump sums, structured options, special needs trusts, and other vehicles all carry different implications.
Rushed closings can overlook opportunities to build flexibility, protect benefits, or create long-term security. Planned settlements treat structure as a strategic tool rather than an administrative afterthought.
3. Tax and Financial Considerations
Year-end resolutions bring unique tax timing implications. Without early discussion, tax exposure may be miscalculated or unnecessarily accelerated.
Coordinated planning allows legal teams to preserve more of a client’s recovery while providing clarity around reporting obligations and compliance. These conversations are most effective when they happen before final signatures, not afterward.
4. Client Clarity and Stability
Clients often reach a settlement after years of emotional and financial strain. Rushed resolutions can compound uncertainty or overwhelm decision-making.
Planned settlements provide clients with understandable options and realistic expectations. Confidence replaces urgency. Decisions become collaborative rather than reactive.
Why December Increases Risk
Three pressures converge at year's end.
Settlement volume spikes as dockets clear.
Client urgency intensifies ahead of the holidays.
Trial calendars overlap with settlement activity.
None of these are mistakes. They are operational realities.
The issue arises when speed displaces strategy. When the settlement timeline drives the decision-making process rather than informed planning, structures become shortcuts rather than solutions.
The Value of Early Conversations
The most successful resolutions begin with early coordination.
Even brief planning discussions before agreements are finalized create stronger outcomes by:
Flagging structural options early.
Clarifying tax exposure.
Coordinating benefit preservation.
Providing clients with confidence and stability.
Early planning does not delay closure. It supports cleaner closings.
A well-planned settlement reflects the same care and precision that attorneys apply when building cases for trial. Resolution deserves no less attention than litigation.
The firms that serve their clients best at year's end are not simply closing files quickly. They are closing them thoughtfully.
A Thoughtful Settlement Starts With a Conversation
If a planning touchpoint could support upcoming settlements or early preparation for the year ahead, our team welcomes the conversation. You can reach us directly at mirena@mirenaandco.com or connect through our contact page.
