Something that is a way bigger part of practice than law school leads you to believe: high-low agreements
(see, e.g., https://mdafny.com/index.aspx?TypeContent=CUSTOMPAGEARTICLE&custom_pages_articlesID=14799)
I don't have one brewing or pending or anything else right now. Just a comment because I was thinking about them.
High-Low Agreements: Misunderstood Litigation Technique
mdafny.comObviously my sort of practice: appellate commercial litigation with some appellate personal injury litigation thrown in.
I mean, if you'd told me in law school: "hey, in a lot of jury trials the parties have already decided that the plaintiff won't get what the jury says" I'd have been very surprised to hear that!