I was all set to try a case in Federal court tomorrow. About 3-4 days of trial. The issues were not complicated-it was a simple contract case– but the background was highly technical so the judge could understand why my client did not breach the agreement. So I’ve been working myself and staff really hard. The adrenaline is pumping and I’m getting all set to try a good case. I’m sure I’ll get to try the case because settlement discussions are over–the 2 parties are far apart and then some.
Friday afternoon I go over to co-counsel’s office. As I get there he asks me if I’ve seen my emails. “No, I checked them about an hour ago before I came over.” “Check them now.” “OK” Glory be! A settlement offer. A big change in their position! I call my client and we talk. Then the negotiations start. To make a long story very short, the case settles at about 6:30 p.m. The client is happy with the settlement. O Joy! Right? Wrong! I’m depressed.
What’s the matter with me? I really wanted to try the case. I had been practicing and training and working on mastering the facts and knowing the exhibits (their 83 exhibits and our 113 exhibits) completely to the point where I knew which email was which exhibit and could quote accurately many of them. And then I can’t use this knowledge and win. The adrenaline rush falls to zero. The energy rush drops to zero. I go into a complete crash. I sleep all day Saturday and finally have enough energy yesterday to do household chores. Today I’m back to normal. The client is happy so I’m happy. But I still really wanted to try the case and win it. I thought I could but it made good business sense to settle so that’s what I advised the client to do.
But I still really want to try that case.