Sunday, 13 November 2011

The job of a litigator is not to win trials but rather to avoid losing trials

Fun (and profitable) as it is to battle through a long and antagonistic litigation if you are not going to win at trial it is a waste of time and money for your client. You should not be gambling your client's litigation budget on 'how the judge feels on the day'. You run winners (75%-80% or better chance of success) and you compromise (or at the least you recommend compromise in no uncertain terms) everything else. 

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