The Power of Compromise

Oakland Probate Litigation Lawyer Charles Triay Explains Why Many Cases Settle

Probate litigation cases can be lengthy and costly, especially if they spend a lot of time in the courtroom. In this video, Oakland probate litigation attorney Charles Triay describes why most of his clients end up reaching a settlement before going through litigation.

Video Transcription

Ninety-five percent of all cases end up being settled with compromise settlement agreements rather than going to trial, and there are very good reasons for that. One is that trials are very expensive. They take a long time. They are somewhat risky because there is no jury trial in California on these types of cases, so you get a judge and you don’t even know who your judge is going to be until the day of trial, and they tend to be winner-take-all lawsuits. Either the amended will is valid and one child gets it all, or the amended will is invalid and all the children split it equally. It’s not like an injury case, where you know you’re going to recover some money, but you don’t know whether it’s going to be this amount or that amount. They tend to be winner-take-all cases, and for those reasons, people often decide to negotiate a compromise.