I spent yesterday in mediation on a case set for trial in about three weeks. We settled late in the day. Settling cases is always bittersweet. From the client's perspective, it is less risky and brings the matter to a close without the anxiety of wondering how a jury will see the lawsuit. From my perspective as an attorney, it is often somewhat of a let down, as I am just beginning to gear for trial, only to have the opportunity to try the case taken away. As lawsuits--especially commerical disputes--become more expensive, it has become increasingly rare that a matter goes all the way to trial. Over the past seven years that I have been in private practice, I have tried five cases. I actually have more appellate experience than trial experience, having presented eight cases to various courts of appeals, including a current case pending before the Texas Supreme Court.
On the health front, Ezra brought home the first funk of 2010, hitting me hard with a nasty spring cold. I've been dealing with massive sinus pressure, coughing, and your basic histamine horrors for the past five days. I think I'm over the hump and on the road to recovery, but we shall see.