A defendant absolutely has an opportunity to settle during trial. Very often, what ends up happening is the other side tries to lowball you all the way up to the courthouse steps and even thereafter. And it’s not until they’ve seen the jury seated and they’ve looked in the faces of these 12 people, usually, who are going to decide the case that the other side comes to their senses and realizes that, “This is that we’ve been lowballing and that we need to really come up and give these people a fair number to resolve their case.” This happens all the time that the defense settles during a trial.
