by Kenneth R. Chiate
Sponsored by The Class Actions and Complex Litigation Practice Section at Pillsbury Madison & Sutro LLP.
There are smart, and there are dumb, ways to resolve complex litigation. The dumb way is to litigate it for many years, at huge expense to all parties, and then resolve it on the eve of trial or during trial. Studies show 98% of all litigation is resolved before a verdict. So why wait until all the resources have been committed? The question all counsel should answer is what can be done in planning and prosecuting the case to reach that critical settlement-inducing point in a case before resources are wasted.
A few examples tell the story. In one major case involving hundreds of homeowners, it took more than five years to conclude the lawsuit during which the value of attorney time devoted to the case for all parties was three times what was ultimately paid by the defendants and perhaps four times what the plaintiffs actually received. The judicial
