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.

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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.

Read More about the case.

In a nutshell:

Court’s don’t always see your way, even if your reasoning is sound by common standards. Us? We are more upset that breaded chicken breast can now technically be sold as a ‘Wing’ in Ohio.

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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.

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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.

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Court cases where Judges show their humanity: 

US v States, 242 Fed. Appx. 362 (7th Cir. 2007):

“This case is unbelievably frivolous. We AFFIRM.”

That is it. You just read the entire opinion.
When the police arrested a bystander who caught a drunk driver, and let the drunk driver go. The court remarked:

“For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up.”

Hughes v. Garcia, 100 F.4th 611 (5th Cir. 2024).
From the Supreme Court:

“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).”

Yates v. United States, 574 U. S. 528 (2015).
When confronted with a procedural nightmare, the 2nd Federal Circuit exclaimed:

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.

Nolan v. Transocean Air Lines, 276 F.2d 280 (2d Cir. 1960), judgment set aside, 365 U.S. 293 (1961).
In 1985, a sovereign citizen sued himself in a bogus tax avoidance scheme. The court remarks:

“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.”

Lodi v. Lodi, 219 Cal. Rptr. 116 (Ct. App. 1985).

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Do you have other questions about common pitfalls of the legal industry?

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Trends Report

Hemmat Law conducted the biggest Family Law secret shop ever performed in Washington, assessing 400 organizations to create the most comprehensive look into the state of the Washington family law landscape.

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Hemmat Law’s team also host a popular legal podcast and learning channel.

Further Study – hosted by John Avi Socha, COO at Hemmat Law, featuring accessible videos designed to improve legal literacy and provide free education on family law and jurisprudence.

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