The process of settling a lawsuit can be a tedious and puzzling event. It is completely dependent on the lawyer, who is the strategic element in every lawsuit, and has the responsibility of keeping the plaintiff informed. The total procedure could appear to be very slow. Altogether, the pain can be a combination of financial and emotional difficulties caused by the source of the lawsuit itself.

On the other hand, legal representatives on both sides contrive the fairest possible terms that both parties can find acceptable. Looking at the same problem from two different sides simultaneously can generate two very different ideas of what is fair. Thus the negotiations regarding the settlement of lawsuit may take months or sometimes even years.

But in most cases everyone is looking for the completion of the matter as quickly and fairly as possible. Thus everyone will try to best serve the case by signifying reasonable expectations and demands, and being prepared to negotiate.

One should maintain an attorney for any claims one wants to file, especially if it is intricate or important. However if one wishes to file a case own his own, then he has to understand the rules about the jurisdiction, requirements for pleading and practicing without a lawyer. But often the idea of representing oneself in the court is considered as bad. That is why getting a trustworthy and competent lawyer is always a wise move for every plaintiff.

Study finds that settling is better than going to trial especially in the cases like accidental injury, medical malpractice, broken contracts etc. The note to such victims can be best stated as "When you sue, make a deal". By some estimates, it has been declared that from 80 to 90 percent of the cases settle but there is no way to find out whether the outcome could have been better if the parties would have gone for the trial instead of settling the lawsuit outside the court.

Critics of this profession have asserted that lawyers often try to collect amounts that are conditional to winning in court or collect fees for the obligation to prepare and go for hearings. Some of the findings suggest that lawyers sometimes even do not clarify the client of the probability of losing or winning the case.

An attorney could advise a client that he /she has likelihood of winning the trial and should not accept the lawsuit settlement. Moreover, it is never taught to any lawyer to directly say no to the client even if the case has no chance of winning. Often clients think they are right, so a good lawyer must explain the jury's perspective to the client as well. In other words, we can say that a lawyer must be honest with the client while being professional and not just money-minded so as to counsel the client well of the outcome of the lawsuit.

So the decision whether to go for settlement or trial largely depends not only upon the discernment of the lawyer in the case but that of the plaintiff as well.