I want to remind counsel of the importance of having settlement authority — or immediate access to others who have settlement authority, including but not limited to clients, carriers and national coordinating counsel — at pre-trial conferences.
I schedule pre-trial conferences for various purposes, including settlement. My Part rules provide that counsel appearing must “have the authority to discuss and resolve all case issues, including settlement” (Rule II(A)) and counsel “must be able to provide information about … settlement history.” (Rule II(A)(2)).
The pre-trial conference may be the only opportunity to enlist the court’s involvement to resolve the case before it is sent out for jury selection. The court is eager to assist counsel with resolving cases, and the court appreciates counsel’s cooperation to make these efforts productive.