3 Ways To Avoid Ethical Pitfalls In High-Low Settlements

Law360, New York (October 25, 2017, 1:49 PM EDT) -- Seasoned trial lawyers like to say they often know, with a high degree of certainty, how a jury is going to decide before the verdict is read. But when a case is steeped with uncertainties and both sides see a real chance for a devastating loss, a high-low settlement deal may be a good option.

In a high-low settlement, a defendant agrees to pay a minimum, regardless of the verdict, to the plaintiff. In exchange for wiping out their risk of a zero-recovery outcome, the plaintiff agrees to accept up to a maximum figure from the defense in the event of...

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