Brief introduction of me
As an introduction, this is a blog of a solicitor mostly doing litigation who likes to share his views on different aspects which is hoping not to bore his audience.
Litigation is a field of colorful matrix of facts which can be made use practically in a case. Lawyers draft court documents, write letters, discuss for settlements, do maths, and advocate in court for their client, who in turn could get into interesting fields of topics and is a life-long self-learning.
Every case is different and considerable time is spend (of course billable) in familiarizing with the specific scenario and details and give a judgment on what to do next and so.
Litigation is mostly dynamic and nothing can be achieved without reaching out with the opponent. It is science in terms of probability of succeeding in one action, and is art in terms of human interaction and decision.
While the final aim is to win the case when a lawyer takes charge of a case on behalf of a client, the final outcome is not necessary a resolution by a judge, but there could be settlement in between. It is important for a lawyer to know the odds of proceeding with the action and the cost. When there is a positive expected value, i.e. the chance of winning times the gains of winning is greater than the costs of doing so plus the chance of losing times the lose in losing, the case ought to be proceeded. But it is not necessarily always the case, and it would be a terms of arts how to let the opponents know about their weaknesses and know about the lay client’s strength, and cause them to concede at lay client’s benefit.
It could be the case the odds are even between the parties and the outcome would likely be trial. But still there are chances to move the odds, for example by way of a sanctioned payment which could decrease the odds of the opponents continuing the cases.
After all, litigation is one of the most interesting field of the legal industry and it is definitely worth spending time on this life-time business.