Dispute Resolution
My paternal grandfather was a country preacher who built or renovated 32 churches. For much of his life he also supported his family by designing and building houses. He learned the craft of carpentry from his father, who in turned learned it from his father, in a family tradition going back more than 300 years to the Black Forest of Germany. He was truly "a workman who needeth not to be ashamed." As a child I enjoyed going with him to construction sites, watching him work, and learning the uses of his many carpentry tools. Although I never had the opportunity to work with him on construction when I got old enough, I have his square and his level, as well as several of his sermon notebooks, to remind me of this heritage of solid, honest workmanship.
A skilled carpenter uses many tools to do his job. The various hammers, saws, planes, chisels, drills, files, clamps, squares, and the level and plumb line, all serve vital functions in the workmanlike completion of a solid structure according to the blueprints.
Similarly, a lawyer must be able to use a wide variety of tools in successfully resolving disputes for clients. Lawyers who handle personal injury, wrongful death and insurance cases are in the business of resolving disputes for clients in pursuit of optimal results. There are many ways to reach that goal.
About 5% to 10% of civil cases involving injury or wrongful death reach a jury trial. The other 90% to 95% are resolved through other means: motions in court, negotiation, mediation, or arbitration. The skills of advocacy are always involved, however, as virtually all cases are tried in some forum, ranging from negotiation with a claims adjuster to a jury trial in court. However, readiness for trial is the key to a favorable outcome, whether it comes by jury verdict or settlement before trial.
Ken Shigley is both a Certified Civil Trial Advocate of the National Board of Trial Advocacy who has tried over 100 jury trials during the past 25 years, and a seasoned mediator and arbitrator. He can use the appropriate tools for optimal resolution of individual clients' cases.