Originally from Alternatives to the High Cost of Litigation

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I was assigned to handle a mediation on a pro bono basis by the Philadelphia Court of Common Pleas. It was a quasi-trademark infringement case. Review of the mediation memos suggested that liability was thin—though probably enough to get to the jury—and damages largely ephemeral.

I met first with the plaintiff and his lawyer. After some preliminary chitchat, I learned that they had a realistic assessment of their prospects. So I said, “I wouldn’t normally do this but we don’t have a lot of room to maneuver here. So tell me your bottom number.”

“$40,000,” came the reply. Perhaps not their real bottom number but it had to be pretty close. I went off to speak to the defense lawyer and his client representative.