From the Desk of Lenden Webb
A Revised Video-to-Audio Transcription
Clients oftentimes ask me, “Am I going to win? Am I assured a victory at trial?” As much as I want to give my clients assurances of exactly what the law is, the law is a changing and moving target to some degrees.
There are changes that happen based on interpretations, and based on statue changes the legislature can enact. There are things that a judge may look at a balancing of the factors test one way, and a totality of circumstances, and decide in your unique situation that it needed to be interpreted a different way and that there’s a different result.
While we can usually predict what we expect a reasonable person on the bench or a jury of 12 of your peers will say, there is never, in my experience, with jury trials and the bench trials that I’ve done, there is never anything better than an 80% chance of winning.
Even the most slam-dunk cases against our law firm where we thought “oh, we’re going to lose, we’re going to lose,” and we tell the client and they say “I want to go to trial and have my day in court,” sometimes you still win because of some small mistake that a plaintiff does when they should have won. But if they make some kind of mistake and we find out about it, and that does happen, you can win a case you should lose and vice-versa.
So in my mind, it’s always between 20% and 80%. There’s a 60% window there between those two that your case is always between. So I will give the client my best estimate of where they’re at in that window, but it is never wise to get too confident or too disheartened in a case at any one point in time.
You must multiply the chances of success against the expenses and you make careful balance decisions. Then you move forward accordingly.
- “The law is a changing and moving target.”
- “There is a 60% window…that cases are always between and so I would give my client my best estimate where they are at in that window.”
- “We will help you make carefully balance decisions that you can afford.”
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