Is Your Lawyer Actually Preparing for Trial?
Practical Resource | Checklist
Questions you are entitled to ask your current lawyer — before you accept any settlement offer.
A real trial lawyer will answer every one of these directly and specifically.
If you have a sexual harassment or employment discrimination case, use this checklist to evaluate whether your current lawyer is a trial lawyer or a settlement processor. Print it out. Bring it to your next call or meeting. You are entitled to direct answers.
The Most Important Question
☐ What has been done on my case so far — and what still needs to be done before trial?
This is the single most important question. A trial lawyer has a specific, detailed answer. A settlement mill does not, because they have never planned to try it.
The Trial Lawyer Question
☐ Who is the actual trial lawyer on my case — and when do I meet them?
If your attorney is vague or says this is premature, you have your answer.
☐ What is your recent trial history in sexual harassment cases, in this couthouse?
These records are public. The defense already knows the answer. You should too.
☐ Can I get a written trial evaluation — witnesses, strengths, weaknesses, damages, and strategy?
A real trial lawyer thinks about closing argument from day one. They can put that thinking on paper. A settlement processor cannot.
Case Value
☐ What is my case worth if it settles — and what is it worth if it goes to trial?
If your lawyer can only give you one number, they haven’t done the analysis.
☐ What is the defendant’s EPLI policy limit, and what is the self-insured retention?
Your lawyer should know this and have a strategy built around it.
☐ Have you made a settlement demand timed to the self-insured retention? Why or why not?
A strategically timed early demand creates leverage the defense cannot ignore and sets up post-trial attorney fees.
The Work
☐ What depositions have been taken — by us, and by the defense?
If the defense has taken depositions and your side hasn’t, ask why.
☐ What discovery do we still need, and when will it be done?
Vague answers here mean the case is not being worked up.
☐ Is trial scheduled? If not, when can I expect it to be scheduled? –
Cases without trial dates don’t have urgency. Urgency is what produces real settlement offers.
Your Protection
☐ What protections do I have against retaliation for filing this lawsuit?
California law prohibits retaliation. Your lawyer should explain your rights specifically.
☐ Is my lawsuit a matter of public record, and what can my employer tell coworkers?
Your lawyer should explain what is public, what is protected, and what to do if retaliation occurs.
☐ How long is this likely to take, and what drives that timeline?
You deserve a realistic answer — not false reassurance and not manufactured urgency.
If your lawyer cannot answer these questions directly and specifically, you may have a settlement firm — not a trial lawyer. You have the right to a second opinion.
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