Michigan Law Review Volume 105 Issue 6 2007 Settler's Remorse Floyd Abrams Cahill, Gordon & Reindel LLP Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Legal Ethics and Professional Responsibility Commons, Litigation Commons, and the Military, War, and Peace Commons Recommended Citation Floyd Abrams, Settler's Remorse, 105 MICH. L. REV. 1033 (2007). Available at: https://repository.law.umich.edu/mlr/vol105/iss6/1 This Foreword is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. FOREWORD: SETTLER'S REMORSE Floyd Abrams* INTRODUCTION Who can quarrel with the notion that settling civil cases is generally a good thing? Litigation is expensive, time-consuming, preoccupying, and often personally destructive. Our courts are overburdened and, in any event, imperfect decision-making entities. It may even be true that, more often than not, "the absolute result of a trial is not as high a quality of justice as is the freely negotiated, give a little, take a little settlement."' But not every case should be settled. Many are worthless. The settlement of others could too easily lead to a torrent of unwarranted litigation. Some- times, as Professor Owen Fiss has observed, parties "settle while leaving justice undone. 2 While few of the settlements I have been involved with can be so described,3 one has plagued me since I participated in negotiating it twenty-five years ago.