- May 8, 2016
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I'm confused.
If a lawyer is duty bound to only proceed with cases which have a 51% or greater chance of success, then the other side should not contest!?!?!?
Unless the chances add up to > 100%
Where did I say that a lawyer is duty bound to only proceed with cases which have a 51% or greater chance of success?
What I actually said was:
All lawyers are required by codes of conduct to make an assessment of their clients' prospects and to inform them accordingly.
Informing someone of their prospects and proceeding with a case are two entirely different issues. It is the client who gambles and issues the instructions, not his lawyer
I also said
What on earth is the point of gambling on any case where the outcome is predicted to be 51% against success, irrespective of the track record of the lawyer chosen?
And that is the whole point. If a client wants to proceed against a (predictably) uncertain outcome, then it is the client and not the lawyer who is gambling. Not many decent lawyers are that desperate for that sort of work. @Chris says it all in the post above