Judges must sometimes initiate settlement talks lawyers avoid for fear of appearing weak.

Evidence

Judges may initiate settlement discussions when lawyers are reluctant to do so out of fear that the suggestion might be interpreted as a sign of weakness. — G. Alan Tarr, Judicial Process and Judicial…, 2249

Categorization

• XREF: connects to: Judges can strip a lawyer of a case and threaten their license. — , Harr Jonathan - A Civil Action , 1238; Opposing counsel in settlement talks flatter and counsel rather than threaten. — , Harr Jonathan - A Civil Action , 2552; Effective legal communication requires balancing clarity against condescension — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 688 (+14 more)

Broader Connections

• Opposing counsel in settlement talks flatter and counsel rather than threaten. #expands (0.93) — , Harr Jonathan - A Civil Action, 2552
• Case management duties drive judges to promote settlements over trials. #corroborates (0.91) — G. Alan Tarr, Judicial Process and Judicial…, 569
• Justice may be better served by negotiated settlements than by strict statutory application. #corroborates (0.88) — G. Alan Tarr, Judicial Process and Judicial…, 2070
• Judges use threatened dissenting attacks to bargain, without damaging collegiality #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2622
• Opposing counsel avoided talking to a plaintiff’s lawyer after settlement talks. #qualifies (0.82) — , Harr Jonathan - A Civil Action, 2598
• Deliberately incomplete contracts force ongoing negotiation that courts cannot provide #complicates (0.79) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 2526
• Private settlements can require judges to publicly falsify the timing of events #complicates (0.79) — , Harr Jonathan - A Civil Action, 2873
• Case negotiations occur in the shadow of the law set by trial outcomes #complicates (0.78)
• A judge’s settlement suggestion can double as a signal of likely verdict #complicates (0.77) — , Harr Jonathan - A Civil Action, 253
• Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. #complicates (0.76) — Lisa Bernestein, Opting out of the Legal System, 88
• Judges’ scheduling self-interest can license weaker objections to survive. #complicates (0.75) — , Harr Jonathan - A Civil Action, 1742
• Effective legal communication requires balancing clarity against condescension #complicates (0.74) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 688
• Judges are persuaded more by colleagues whose legal perspective they share #complicates (0.74) — G. Alan Tarr, Judicial Process and Judicial…, 2621
• Judges create law when forced to resolve statutory ambiguity. #complicates (0.73) — G. Alan Tarr, Judicial Process and Judicial…, 187
• Lawyer involvement may substitute for judicial supervision in approving employee settlements #complicates (0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4623