Category: Labor Law

Getting Good Legal Advice

Risks and rewards drive choices. Legal questions also require an understanding of the gamble and rewards. In litigation, for example, you often take your chances with the random assignment of a judge. The judge may manage her courtroom strictly or loosely, or she may be known to rule impulsively. Risks can include the likely jury composition based on their values and outlooks. Another downside could also be the financial resources of the opponent. Those funds may be available to pay a sizeable verdict, but they are also available to defend the case aggressively before the case reaches trial. Or conversely, the opponent may go bankrupt at the end of the litigation.

Assessing risks and rewards is much like an underwriter evaluates a credit risk by assigning a credit score. No case is perfect, but when appraising it, the dollar amount marked as the “target” value should accurately incorporate both strengths …