Lawyer involvement may substitute for judicial supervision in approving employee settlements

Evidence

Note that one virtue of a consent judgment procedure is the assurance it provides that the employee has the advice of a lawyer. Might the Court, then, allow an out-of-court settlement on a showing that the employees have had the advice of counsel? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4623

Categorization

• XREF: connects to: Whether settlements bind depends on whether a statute is individually administered or self-applying — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4619; A protective agency refuses to bless settlements unless they reflect full statutory liability. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4672; Case negotiations occur in the shadow of the law set by trial outcomes (+5 more)

Broader Connections

• Case negotiations occur in the shadow of the law set by trial outcomes #expands (0.80)
• Risk and expense of trial drive both sides toward settlement #expands (0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361
• Once court-centered, lawyer work now chiefly keeps clients out of litigation #complicates (0.75) — Lawrence M. Friedman and Grant M. Hayden, American Law, 1218
• Introducing lawyers into arbitration made customary decisions track state law. #expands (0.75) — Lisa Bernestein, Opting out of the Legal System, 281
• Most practicing lawyers serve as counselors rather than courtroom litigators #expands (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 892
• The practice of law shifted from courtroom litigation to transactional work #complicates (0.72) — Lawrence M. Friedman, A History of American Law, 3621