An attorney in a litigation is sometimes looked to by the client as something of a soothsayer. What’s likely to happen? What’s the verdict going to be? How is the judge going to rule? How much is this case worth? It is very routine for attorneys to offer such opinions or valuations, which may be crucial elements in determining how to try or resolve a case.

However, as many attorneys appreciate, the result in a case is rarely (if ever) assured. Instead, the assessment of the client’s potential liability can involve a multitude of factors, ranging from an analysis of the applicable legal principles to a consideration of the likely composition of the jury. In the end, the attorney’s assessment often relies on subjective factors in weighing the potential outcomes and the strength of each side’s claims and defenses.

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