Settlement can happen any time, even after empaneling a jury …

This article is taken from my civil practice “war stories” department. Many years ago, when I was just getting started in my career as a lawyer, I had a case that involved a party-cruise boat. My client was a Southern California employer. I will call them “Widget Craft” to protect the innocent. Widget Craft had rented one of those 80-foot yachts in Marina del Rey to host its annual end of the year holiday party. I will call the company that rented the yacht and hosted the party “Party Poopers.” Well, suffice to say that Widget Craft thought the party was a disaster and that the blame lay with Party Poopers. My client (Widget Craft) felt that just about every aspect of the party was mishandled, from the food, to the drink, to the time allotted for the cruise, to you name it. The contact at Party Poopers was a woman whose name I have long since forgotten. Widget Craft wanted a full refund (I think it was about $20,000). Party Poopers told Widget Craft to “go pound sand.” The battle was joined! Well all throughout the pre-trial process efforts to settle the case went nowhere. So, the day of trial arrived. I vaguely remember the trial judge as short woman, with brown hair, and an upbeat attitude. We (Widget Craft – the “Plaintiff”) had reserved our right to a jury trial so we proceeded straight to jury selection. My recollection was that jury selection took up most of the first day of trial. As we left court that first day, the judge told me to be ready to call my first witness the next morning. And off I went. As I drove back to my office, I was already reviewing in my mind my initial witnesses and what I would need to do as soon as I got back to the office. But, if memory serves, shortly after I returned to the office (about a one-hour drive), Party Poopers’ lawyer called and informed me that Party Poopers had agreed to pay Widget Craft the $20,000 and settle the case. So, when we arrived at court the next day, before the jury took their seats, we informed the trial judge that the case had settled. The trial judge called in the jurors, informed them that the case had settled, thanked them for their service and then released them from jury duty. It seemed silly to have gone through all the pre-trial stages and even the first day of trial only to settle the case, but that is sometimes what happens. Obviously, my client, Widget Craft, was happy with the result – and I got an early start on my weekend.

In litigation and at trial, sometimes the only thing you know for sure is that you do not know what is going to happen next.

Keep rocking.

-Lawdog