Search Site
Menu

Realistic Expectations in Litigation

In Litigation, Realistic Expectations are Crucial

As a litigator, every client I meet asks me at some point during the case whether he or she is going to “win.” While reasonable, this question is difficult to answer, particularly when a client appears to have the facts or the law substantially on his side. If a client believes he has a strong case, he develops unrealistic expectations about its outcome and discount the often unpredictable nature of litigation. This is not a strike against him or her. The unrealistic expectations these clients develop are merely the result of a justifiable belief that they ought to win in such cases. I agree, with the facts and law on your side, you ought to win. Unfortunately, it doesn’t mean you will.

Let’s consider the term “win” for a moment. If a defendant must fight a frivolous lawsuit, even if a judge or jury decides wholly in her favor, has she really won? Her position in the lawsuit may have been vindicated, but chances are she has spent significant time and money to get there—money that may not be recoverable. Similarly, a plaintiff who is forced to file suit to recover damages may win, but what will the judgment look like? There is no guarantee a defendant will ultimately be able to pay damages or that the plaintiff can recover his attorney’s fees. Moreover, it is a fact of the legal system—necessarily administered by fallible humans—that sometimes judges or juries get it wrong. While there may be an opportunity to appeal, you are looking at yet more time, money and uncertainty.

There is no such thing as a slam-dunk case or an iron-clad defense. Those are, for the most part, legal unicorns. To believe otherwise is to risk being blind to the weaknesses of your case, which may cloud your judgment or cause you to reject reasonable settlement offers, even when settlement is the most economical and expeditious resolution to the case. In short, clients need lawyers who will remind them that risk is an inherent trait of litigation and even the best cases have potential downsides. Only then can clients and lawyers determine the best course of action in a case, be it settlement or trial.

If you are considering a lawsuit, or are already involved in one, we would be happy to help you determine the best course of action in your case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2021 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Happy Independence Day – We Are Open For Business

Happy Independence Day! We Are Most Certainly Open For Business! Independence Day invokes feelings of individual freedom and independence being the basis on which our great country was founded.  Over the course of the last 15 months, few things have been entirely certain.  Markets, along with the availability of workers,
Read More
Happy Independence Day – We Are Open For Business

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!   The evolution of the internet and rapid increase in access to information has changed the way we buy and sell homes. While real estate agents still serve a vital role in the process on both sides of the transaction, many buyers
Read More
Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL Texas law characterizes property acquired by spouses either community or separate property when property is acquired, and this characterization has tremendous consequences. w defines a spouse’s "separate property" as: (1) property owned or claimed by the spouse before marriage; (2) property acquired during
Read More
COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

Scams in Times of Disaster and Emergency

Scams in Times of Disaster and Emergency While Texans are generally prepared for major weather-related disasters during hurricane season from June through October, occasionally a rogue weather event, such as an artic blast, sweeps across the state causing severe and unanticipated property damage to residential and commercial properties. As individuals and
Read More
Scams in Times of Disaster and Emergency
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form