AUGUST 2025 | 25 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. One juror asked me, “Do lawyers think we’re stupid? They keep repeating the same things.” When my 8-year-old daughter came to watch me try a case, she later asked, “Daddy, why can’t lawyers ask plain questions?” I told her I would try to do better the next day. Think guerrilla warfare. Get in, get out. Put your witnesses on roller skates and move crisply through your case without rushing but without dawdling. The jury will pick up on what you’re doing (and so will the judge), and it will win points. 12) THOU SHALT LOOK TO YOUR CLIENT’S BEST INTEREST IN SETTLEMENT Settlement is an option, not a sign of weakness. Negotiations are often infected with bravado and bluster, but remember, the case is not about you. From the first client interview, you should discuss settlement as a likely possibility and encourage your client to be thinking about it. Some clients may view this kind of talk as a lack of confidence in yourself or their case, so you will need to explain that 95% of all cases never go to trial, and most settle at some point. But most settlements happen only after a lot of emotional toil and intrusive discovery. Talk about probable timelines, including the possibility of appeal. I used to tell my clients, “Your case will take longer than you want, will cost you more than you can estimate and, in the end, will probably leave you feeling less satisfied than you want to feel.” I always tried to prepare clients for a worst-case scenario. Under-sell and over-deliver applies here, too. I was involved in a sexual harassment employment case where my client was the ex-wife of her boss. Her claim was that he was trying to take advantage of their former relationship by hugging and fondling her at work. The settlement conference in federal court seemed to be getting nowhere until the judge suggested that an apology be included with the financial settlement. I responded that it would have to be a genuine apology and not some “I’m sorry you felt hurt” kind. The judge assured me it would be sincere. My client had been as hard as flint until that point, but her face, surprisingly, softened at the prospect of a genuine apology. When the judge returned with the written apology, I was surprised. It really was a sincere, abject apology, and it was the key to getting the case settled. The apology did nothing for my contingent fee, but it meant the world to my client. So be creative in thinking about what truly matters to your client (on both sides) and consider nonmonetary elements as well as dollars. POSTLUDE Remember the original Ten Commandments? After receiving them from God, Moses threw down the stone tablets and broke them when he came down from Mount Sinai and found the nation sinning. You’ll probably break some – or all – of these commandments. You won’t die as a result, but you’ll find your results in employment cases are improved by following them. Want good results? Follow the commandments! Don’t let your case, or your career, just sorta happen. ABOUT THE AUTHOR Jim T. Priest is a retired trial lawyer and nonprofit leader who now volunteers for the Oklahoma Innocence Project and serves as a mediator/ arbitrator for Dispute Resolution Consultants. He can be reached at jim@sage-counsel.com.
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