Court Analysis:
Why Attorneys
think the law is
unpredictable.
Clients often ask attorneys to make clear and certain predictions about the outcome of their case. But attorneys (including us) are generally extremely reticent to promise specific results, even in the face of favorable circumstances. Why? Because the law is changeable, and sometimes rulings can be surprising to say the least.
In a nutshell:
This page is designed to highlight exactly why law firms are often hesitant to give clear predictions.
Why it is always perilous to put your grievances before a judicial officer.
What do we mean when we say judges have unpredictable opinions?
Here is an example:
The Ohio Supreme Court ruled that consumers cannot expect boneless chicken wings to actually be free of bones, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.
In a 4-3 ruling, the court said “boneless wings” refers to a cooking style, and that the claimant should’ve been on guard against bones since it’s common knowledge that chickens have bones.
Practice Areas
Whether clients are involved in a hotly contested divorce, dealing with narcissistic conflict cases, navigating an emotionally wrenching custody battle, administering the estate of a loved one, or wrangling over a contract, our determination and experience have achieved the best results for our clients. Trust us to guide you through the legal process and achieve the best possible outcome for your family.
And there are many other examples of stunning judicial questions like:
What this means for you:
Your attorney shouldn’t be afraid to litigate. Motions practice is a regular part of our job. But be ready to get thrown some curveballs by the robes behind the bench.
How this can be used to your advantage:
Judges are people. This makes them fallible, but it also makes them sympathetic and compassionate if you tell your story right. Find an attorney that can cut to the essential bones of your narrative to preserve the best path forward while still advocating for your best interests.
Most of the time, Judges are more interested in getting things ‘right’ (as they see it) than punishing people. The trick is to get them to sway in your favor with masterful storytelling. This is part of the attorney’s role.
Court cases where Judges show their humanity:
“This case is unbelievably frivolous. We AFFIRM.”
“For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up.”
“A fish is, of course, a discrete thing that possesses physical form. See generally Dr. Seuss, One Fish Two Fish Red Fish Blue Fish (1960).”
Our principal task, in this diversity of citizenship case, is to determine what the New York courts would think the California courts would think on an issue about which neither has thought.
“In the circumstances, this result cannot be unfair to Mr. Lodi. Although it is true that, as plaintiff and appellant, he loses, it is equally true that, as defendant and respondent, he wins! It is hard to imagine a more even handed application of justice.”
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Do you have other questions about common pitfalls of the legal industry?
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