Settlement Counsel/Pre-Litigation Attorney Services


What is a Settlement Counsel/Pre-Litigation Attorney?

You've just been sued, or you've been injured and litigation seems the only option to seek retribution. 

Are you really ready to pay years upon years of litigation fees for a trial that there is only a 2% chance of every happening?

When you hire a litigation attorney, their duty is to prepare the case as if it were going to trial.  They must always be thinking about the ways to win the case. 

An attorney hired as Settlement Counsel, also known as a Pre-Litigation Attorney is different.  Whether coming in before the filing of a lawsuit or on the eve of trial, this attorney's duty is to help negotiate a settlement. 

Is Settlement Counsel Really Necessary?

Think of like war. Do you really want your General thinking in the back of his or her mind how to broker a peace treaty? No! You want the General ready for war. 

Litigation attorneys have to always be preparing for war, or a trial, to best represent their clients. This mindset doesn't always allow for the idea of settlement. 

The reality is though that most cases settle. The ones that don't are often stuck in litigation for years, which means you can't go on with your life. 

Let your litigation team be your General in battle. Let us attempt to negotiate the peace so you can get on with your life. 

Why Use Settlement Counsel?

Did you know that about 98% of all cases never see go to trial? 

Did you also know that despite this statistic, a litigation attorney must always assume the case is going to trial?

If you filed a case today, odds are it will not be going to trial for at least 18 months. Then, even if you win, you're looking at least another year of appeals, and if you win there, who knows if you will ever be paid. 

Litigators cannot be distracted by the back-and-forth negotiations of settlement discussions when preparing for a trial in the war room.

That is why firms use Settlement Counsel, an outside party separate from the litigation team. This separation in roles allows your litigation team to prepare for battle while Settlement Counsel brokers the peace. 

When Should a Settlement Counsel Be Hired?

Sometimes Settlement Counsel is hired right at the beginning from the client directly in an attempt to settle the case immediately. Other times, Settlement Counsel is hired during the litigation process of endless discovery motions, hearings, and appeals that your litigation attorney must constantly worry about, leaving little time to work on settlement.

What Is The Cost?

While we purposefully remain separate from your current litigation counsel, we work with you and your counsel to come up with reasonable solutions so that you are not paying double the legal fees.


(212) 209-0653

New York, New York


©2020 by Michael J. DeRienzo LLC