Family Law Attorney in Austin, Texas

When does it make sense to take a family law case to trial?

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00:04
i weigh
00:06
the potential outcome the probable
00:08
outcome in court against
00:11
the settlement offers that we’re able to
00:15
to achieve in in negotiation
00:18
if i can get you in negotiations
00:22
into a settlement posture that falls
00:24
within the range of probable outcomes at
00:27
court
00:28
then
00:29
you know that’s a good time to settle
00:31
your case
00:33
if we can’t get the other side to be
00:35
reasonable
00:37
then um
00:39
we
00:40
have to weigh the cost-benefit ratio of
00:42
going to trial it doesn’t make any sense
00:45
to spend ten thousand dollars fighting
00:47
over 15
00:49
and so you have to look at the cost
00:50
benefit ratio including cost of time
00:54
effort
00:55
and the trauma of going through trial
00:58
and at the end of the day
01:00
there are cases that simply have to be
01:02
tried
01:03
if i’ve got a case where
01:06
one of the parties wants to move their
01:08
child
01:09
across the country it’s very hard to
01:12
settle that case those are the kinds of
01:14
cases where
01:16
in all likelihood you’re going to go to
01:18
trial and there are other instances
01:21
where the trial option seems to be the
01:23
only way to get it resolved

Austin, TX family law attorney Bill Powers explains when it makes sense to take a family law case to trial. He remarks that he weighs the potential outcome and the probable outcome in court against the settlement offers that can be achieved through negotiation. If he can guide negotiations toward a settlement that falls within the range of probable outcomes at trial, he considers that a good opportunity to resolve the case.

If the other side is not reasonable, he evaluates the cost-benefit ratio of going to trial. It doesn’t make sense, he explains, to spend tens of thousands of dollars fighting over a relatively small amount. This calculation includes the financial cost, the time and effort involved, and the emotional trauma of going through a trial.

At the same time, he acknowledges that some cases simply have to be tried. For example, if one party wants to move a child across the country, settlement can be very difficult, making trial the likely or only way to resolve the dispute.

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