This old English saying is as true today as it was centuries ago when it was first coined.

It is amazing the number of attorneys I speak with that clearly do not want to engage our firm for even a few hours of consulting prior to signing a settlement agreement.  Their argument is that they don’t want to incur the costs.

So instead, they plunge head-first into writing the details of the settlement administration process and negotiating with opposing counsel as to how best to administer the settlement.

It is true that some attorneys have extensive experience with class settlements and have developed a sound boilerplate for settlement administration details.  However, I find that the typical attorney that calls me either is settling his first class action, has not settled a case of this particular type, or has not settled a case in a number of years.

Small details can quickly add up to higher costs or can create a less effective notice process.  A poorly designed claim form process can make processing less efficient, or could require additional follow-up with each claimant to get final resolution on a claim.  A notice that is a single page longer than necessary could increase postage costs by over 35 percent.

So if you have not settled a very similar case before, my suggestion is to pick up the phone and call an experienced settlement administrator before you finalize the details of settlement administration in the settlement agreement.  I find that within a short time on the phone, it becomes clear whether or not the case is fairly straight-forward or requires further discussions to hammer out the best approach.

So when you are working out the details on your next settlement, don’t be penny wise and pound foolish.  Talk to an experienced settlement administrator about pre-settlement consulting.