In Running with the Bulls: How to Win Top-Dollar Settlements, Nick Rowley and Courtney Rowley argue that the point of settlement is to get your clients a just and fair amount. But how do you ensure that you’re obtaining the full amount of civil justice for the people who entrust you with their cases?
Running with the Bulls walks you through proven methods for negotiating just settlements for your clients. Along the way, it covers a range of topics, including how to evaluate noneconomic damages, a step-by-step guide for constructing and sending effective demand letters, how to write a demand letter that will open the defendant’s insurance policy, how to help an injury victim when the policy limits are low, and many other valuable insights and powerful negotiation tactics that will help you better represent your clients.
This book also includes five stand-alone chapters from contributing authors who discuss a variety of topics such as mediation, trucking litigation, and chronic pain cases. This is a game-changing book for any lawyer who wants to learn how to step outside the box and settle cases for the full value of their clients’ injuries.
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Acknowledgments
Publisher’s Note
Introduction
Part One: Grabbing the Bulls by Their Horns
A Reminder Before the Settlement
We Must Be All In
Tough Questions
How to Value That Which is Priceless
Getting the Money
Settlement Demand Letters that Open Policies
Taking a Case from Demand to Settlement
Settling for Too Little Is Injustice
The Triangle of Promise
Addressing Settlement Demands
Insurance Bad Faith
When Policy Limits are Low
Every Settlement Demand Is an Outlier
Day-in-the-Life Videos
The Power of No
Associating with Trial Counsel
Part Two: A Word from Our Friends
Trucking and Auto Defect Litigation
Child Sex Abuse Cases
Mediation
Chronic Pain Cases
How to Work Up and Settle Premises Cases
Conclusion
Appendix A
Appendix B
Appendix C
About the Authors
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What Legal Leaders Are Saying
— Paul Luvera, past president of the Inner Circle of Advocates and the Washington State Association for JusticeFinally, someone has written a book for plaintiffs’ lawyers with clear advice regarding settlement negotiations. Plaintiffs’ lawyers are involved in settlement discussions in virtually every one of their cases, and this book provides invaluable guidance on how to do it right. From sample demand letters to information about insurance companies’ duty of good faith, this is a resource that all plaintiffs’ lawyers will find invaluable.
— Gary Dordick, emeritus member of the Consumer Attorneys Association of Los Angeles Board of Governors and obtained the highest jury verdict in Ventura County ($125 million) in 2016Once again, Nick Rowley brings his Trial by Human approach to help all of us more effectively represent our clients. This book is a tremendous source of information on settlements, and it also provides a few great trial tips along the way. It’s a great book for lawyers of all experience levels and has everything from a basic step-by-step guide to effective settlement demand letters, all the way to firsthand stories about fascinating behind-the-scenes negotiations on multimillion-dollar settlements. This is a great opportunity to learn how to achieve the highest possible settlements for your clients.
— Roxanne Barton Conlin, past president of the American Association for Justice and member of the Inner Circle of AdvocatesI have read dozens of books on how to try cases, but this is the first one I have ever read about settling cases, even though that is how most cases are resolved. This is a particularly useful resource for all lawyers, new or old, and whatever your area of litigation. It tells you what to do and how to do it, when, and why. Filled with examples and samples, it comes from the unique perspective of two people who have successfully handled cases all across the country, both with eight-figure verdicts and settlements by the dozens. I did not know what I did not know. Now I do. It is wonderful that they are willing to share their secrets with the rest of us.
— Keith Mitnik, author of Don’t Eat the Bruises and senior trial counsel at Morgan & Morgan, the largest personal injury firm in the countryEvery generation has a handful of trial lawyers who reach star status. Nick and Courtney Rowley are their generation’s first superstars. This book by Nick and Courtney does something remarkable—it lays out how to get the peace of settlement for your clients without sacrificing the value that justice requires.
— Carney Shegerian, named 2013 Trial Lawyer of the Year by the Consumer Attorneys Association of Los AngelesWith high energy and creativity, Nick and Courtney map out how to get those astronomically high settlements they have made a regular part of their world.
— Elizabeth Quick, graduate of the Trial Lawyer’s College and member of the Washington State Association for Justice board of governorsNick Rowley is a phenomenal trial lawyer—he established himself at a relatively early stage in his career as one of the best in America. Trial by Human has become part of my personal library. Now, with Running with the Bulls, Nick and Courtney Rowley have created a work that should be required reading for anyone who advocates for people in the civil justice system. This book conveys the value of self-examination, creative thinking, and early case framing. It’s a fast read—teaching so much more than how to try our cases better.
— Theresa Bowen Hatch, coauthor of Trial by WomanThis is the book you’ve been waiting for. A play-by-play guide to the time-tested methods the Rowleys use to get big settlements, along with all the insights you need to make these methods work for you. This book does everything but settle your cases for you. This is a must-read.
— Keith Bruno, named 2018 Trial Lawyer of the Year by the Orange County Trial Lawyers AssociationRunning with the Bulls is THE blueprint for putting pressure on the defense that results in the surrender of top-dollar settlements. Settling cases is a separate form of art and combat that calls for a separate methodology. Running with the Bulls teaches that methodology.
— Brian P. Galligan, past president of the Iowa Association for JusticeTime and again, Nick and Courtney Rowley have proven themselves masters at getting the absolute best results for their clients inside the courtroom with record-setting verdicts nationwide. Now, learn their cutting-edge, proven approach to settlement negotiations and how they get the best results for clients outside the courtroom as well. With this book, you will rethink your approach to settlement.
— Carol Hepburn, graduate of the Trial Lawyer’s College and one of a handful of attorneys in the country actively representing survivors of child pornography in civil and criminal matters.This is a game changer. The strategies and techniques taught in Running with the Bulls really work, I’ve seen Nick and Courtney’s strategies implemented in real-time on a case we did together that went from the defendants offering nothing to paying over $10 million. The leverage exerted and chaos resulting from their strategies are a joy to watch. After forty years in practice, I have learned how to do better for my clients.