I grew up in Las Vegas, so I’m familiar with constantly hearing about betting odds and the percentage probability of winning and losing. This is very important information to consider when deciding whether the reward is worth the risk of placing that bet.
So, when clients come in and discuss their case, they often want to know what their chances are of winning. What are the odds that the judge/jury will find in their favor?
I fully understand this thought process of wanting to hear some percentage so a client can properly evaluate the cost-benefit analysis and see if the potential reward is worth the risk. No client wants to gamble their time and money if they don’t believe they’re going to win. However, when it comes to a case, let alone a litigation case, it’s extremely difficult to determine the outcome with certainty because there are so many factors that can affect the outcome. So, what are some of these factors that can affect a case?
- Facts : The facts of your case make a huge difference in the outcome. A simple fact can change a case, even if you think you’re the one in the right. A quick example is: a landlord who did everything right—the best landlord ever. The tenant, who had a five-year lease, stopped paying rent for months after only three months. It seems like this is a clear case where the landlord should recover. However, after the tenant moved out, the landlord did nothing to try to rent the place out. Why should they try to rent the place out if they had a five-year lease and the tenant should be responsible for everything? Not so much. The landlord had a duty to mitigate, that is, to try to minimize their losses by trying to rent it out again. This is a simple example of a person doing everything right, but that fact can seriously impact their “win.”
- Evidence : Do you have evidence to prove your case? Emails? Text messages? Witnesses? Letters? Contracts? Photos? Anything? Otherwise, it becomes he said/she said. This scenario leads to a very difficult position where you leave your case to a judge/jury to simply choose a side—who will they believe? This is a real gamble.
- Contradictory Evidence : You can swear up and down that the facts went one way, but if the evidence shows otherwise, things may not look so good for you. Or, if you’re on the other side and have evidence to contradict what the other person says, your odds may improve.
- Law : This is a huge factor. Whether or not you believe you should win, it’s extremely important to know if the law is on your side. The law is very complex with many nuances, and it can severely impact your case.
Therefore, when evaluating the facts of a case, a lawyer can provide a fair analysis and assert that a client, in fact, has a strong case, considering the applicable law against their case. That is, when analyzing a case, a good lawyer cannot simply look at all of their client’s positive/favorable facts, but must also consider any negative factors in order to properly analyze and strategize.
This sometimes leads to a follow-up question from a client, “So what are my chances of winning?” As with many questions in law, the answer is often “it depends”… no lawyer can guarantee you a result. Even good “winning” cases have downsides.
We always give our clients this example: if there are two identical cases, each in front of a different judge/jury, they may receive two very different outcomes. How is this possible? There are so many factors that come into play for every case when a matter is brought to trial. One factor is the life experience of the judge/juror: different life experiences cause them to assess the facts differently. When someone is deciding a case, they often analyze the case through the lens of their personal life experiences, which ultimately influences how they ultimately decide a case. This is something a lawyer cannot fully account for when evaluating a case.
We’re not trying to be simplistic, but there are a lot of factors to consider, so it’s imperative to have experienced attorneys who can properly analyze all of these factors, provide you with realistic expectations, and present your case in court in the most favorable light. Unlike gambling, don’t roll the dice in your case; plan strategic moves to improve your odds. You need a team on your side that knows the rules and how to play.