Do Lawyers Take Cases They Know They Can’t Win?

The legal profession is often viewed with a mixture of respect and skepticism. One common question that arises is whether lawyers ever take on cases they know they can’t win. The answer to this question is complex and multifaceted, as it touches on ethical considerations, professional responsibilities, strategic thinking, and the nature of the legal system itself. This article will delve into these aspects to provide a comprehensive understanding of why and how lawyers approach cases, even those with seemingly slim chances of success.

Ethical Considerations

Lawyers are bound by a code of ethics that guides their professional conduct. One of the fundamental principles is the duty to provide competent representation to their clients. This means that a lawyer must possess the necessary skill, knowledge, and preparation to handle a case effectively. However, this does not necessarily mean that a lawyer can guarantee a win.

1. Duty of Zealous Representation: Lawyers are ethically obligated to represent their clients zealously within the bounds of the law. This includes advocating for the client’s interests and exploring all possible legal avenues, regardless of the apparent difficulty of the case.
2. Informed Consent: Lawyers must ensure that their clients are fully informed about the strengths and weaknesses of their case. This includes an honest assessment of the likelihood of success. Clients have the right to make informed decisions about whether to proceed, based on their lawyer’s guidance.
3. Conflict of Interest: Attorneys must avoid conflicts of interest that could impair their ability to represent a client effectively. This includes not taking on a case if it is clear that their personal interests or relationships could interfere with their professional judgment.

Professional Responsibilities

Beyond ethical duties, lawyers also have professional responsibilities that influence their decision to take on challenging cases. These responsibilities include maintaining the integrity of the legal system, ensuring access to justice, and upholding the rule of law.

1. Access to Justice: Lawyers play a crucial role in ensuring that individuals have access to the legal system. This means that they may take on cases with low chances of success if it helps uphold the principle of justice. For instance, a lawyer might represent a marginalized individual who otherwise would not have legal representation, regardless of the case’s perceived chances.
2. Precedent and Legal Development: Sometimes, lawyers take on cases that appear unwinnable to challenge existing laws or to set new legal precedents. These cases can drive legal reform and contribute to the evolution of the legal system. Even if a case is not won, it can highlight issues and prompt legislative or judicial changes.
3. Client’s Best Interests: Lawyers are also tasked with acting in their client’s best interests, which can sometimes mean taking on a difficult case. For example, in criminal defense, a lawyer may take on a case with overwhelming evidence against their client to ensure that the client’s rights are protected and that they receive a fair trial.

Strategic Considerations

Strategic thinking is an essential part of a lawyer’s toolkit. Lawyers often weigh the potential benefits and risks of taking on a case, even one with a low probability of success. Here are some strategic reasons why a lawyer might accept a challenging case:

1. Negotiation Leverage: Taking on a tough case can sometimes provide leverage in negotiations. For example, in civil litigation, a lawyer might take on a seemingly unwinnable case to push the opposing party towards a settlement. The mere threat of prolonged litigation can sometimes be enough to bring about a favorable resolution.
2. Building Reputation: Lawyers often take on challenging cases to build or enhance their reputation. Successfully handling a difficult case can demonstrate a lawyer’s skill and determination, potentially attracting more clients and higher-profile cases in the future.
3. Client Relationships: Maintaining strong client relationships is crucial for any lawyer. Even if a case seems unwinnable, a lawyer might take it on to support a long-standing client or to build a relationship with a new client. This approach can lead to future business and referrals.
4. Moral and Personal Reasons: Sometimes, lawyers are motivated by personal or moral reasons. They might take on a case because they believe strongly in the cause or because they want to make a difference. For instance, a lawyer might represent a client pro bono in a human rights case despite the low chances of winning.

Nature of the Legal System

The legal system itself is inherently complex and uncertain, making it difficult to predict the outcome of any case with absolute certainty. This uncertainty means that what appears to be an unwinnable case at first glance can sometimes turn in favor of the client due to various factors:

1. Evolving Evidence: New evidence can emerge during the course of a trial, which can significantly alter the trajectory of a case. Lawyers often take on cases with the hope that additional investigation will uncover crucial information.
2. Judicial Discretion: Judges have significant discretion in interpreting the law and the facts of a case. This can lead to unexpected rulings that favor the client, even in cases that seemed difficult to win.
3. Jury Decisions: In cases involving juries, the outcome can be highly unpredictable. Jurors bring their own perspectives and biases, which can sometimes result in surprising verdicts. Lawyers may take on challenging cases with the hope of swaying the jury in their client’s favor.

While it might seem counterintuitive, lawyers do sometimes take on cases they know they can’t win, or at least cases with very slim chances of success. This decision is influenced by ethical obligations, professional responsibilities, strategic considerations, and the inherent uncertainties of the legal system. By understanding these factors, we can appreciate the complexities of legal practice and the dedication of lawyers to serving their clients and upholding justice. Whether motivated by a commitment to access to justice, the potential for legal reform, strategic benefits, or personal convictions, lawyers often tackle challenging cases, knowing that the pursuit of justice is not always about guaranteed victories, but about the integrity of the process and the broader impact of their efforts.

This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a tampa business lawyer or personal injury attorney in Tampa Bay contact us today for a case evaluation today!