Lawyers are often asked by their clients to estimate the chances of winning their case. This seems like a reasonable question. But it is a question lawyers are loath to answer because it is so difficult to accurately predict how a third-party neutral will view the evidence. It is an especially thorny question for lawyers to answer objectively because lawyers—rightfully so—see themselves as zealous advocates for their clients’ causes. It is difficult enough for lawyers to contemplate losing, much less to tell their clients that they might lose.
If lawyers had a crystal ball which could predict the future, they could tell their clients how their case is likely to turn out. Their clients would then be able to make informed, economically based decisions on whether to settle, or whether to take a risk and go through the time and great expense of a trial.
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