I know it’s been a while since my last post, but a trial always gets in the way of blog posts.  So after the dust has settled on the trial I have a few thoughts  on what business owners and employers should always consider when considering the pros/cons of going to trial.  Hopefully these are things that you already knew but better to discuss now than later.  So, off we go:

  1. Loss of Control – The judge and jury will be making the decision, not management.  Unfortunately you can’t always predict what the fact finder will do.
  2. Trials are expensive – That’s not groundbreaking news, but think about all of the extra costs:  (a) multiple lawyers, paralegals, and support staff working around the clock on the case (depending on size of course); costs for courtroom presentation equipment (rentals); meals for all involved in the trial; and the costs involved in having you employers tied up in a trial.
  3. Trials are a time-suck – Employee witnesses will have to be on call.  Lawyers can never quite tell when the employee will testify.  Of course, a client representative will have to be at trial the whole time.
  4. Trials are stressful for all involved.
  5. People (witnesses) don’t always say what they should or what you think they will say;
  6. Things go wrong during trials that you don’t expect;
  7. The trial is not the end – there are always filings after the verdict, maybe another mediation, maybe even an appeal; and
  8. Did I mention trials are expensive?