Plaintiff offers to settle before receiving discovery, but after receiving SROGs
We've gotten to the point of interrogatories and RFPDs, which were due two weeks ago, but he needed an extension. We're now 4 days away from them being due again, but yesterday, his lawyer left a voicemail (yes. A voicemail.) stating that his client would settle for $100k.
I found this very odd. The plaintiff has no idea whether he has a case or not, as he is assuming I economically interfered with his business but has no proof. He would need to see my emails to determine if his case has any merit. Why would you essentially negotiate against yourself days before you're going to turn over your docs (and me, mine)? The suit started in September. If he wanted to settle, he could've made an offer then. It's not like any new information has come to light since then.
But he's basically giving a 90% discount on his litigation ask before finding out if he has a case. I liken this to asking $1mm for a tv, but before the potential buyer responds, coming back and saying, "how about $100k"?
What would be the logic here?
3 attorney answers
The sum put in a lawsuit is usually larger than what the case is worth. If you have exposure, seriously consider the offer and don't worry too much about why.
wow. You are being sued for $1.1 million, are considering a settlement offer of $100,000, and - as I am reading the tea leaves - you want advice from attorneys on line who have no idea what the case is about or what the evidence might be?
Sorry for the sharp response. I assume that you have an attorney and your should rely on that attorney's advice. If you don't have one, I recommend that you get one now.
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