Grace
Is losing a case as a lawyer discouraging?
My main reason for becoming a lawyer is to help people and give them the justice that they deserve, but I worry about not being able to win the case and letting them down. Is it frustrating to lose a case because you feel like you have failed your client? #lawyer
3 answers
Austin L.
Austin’s Answer
Hi Grace,
Really great question that you've asked. My mom is a criminal defense attorney and I would ask her all the time how she felt when she lost a case. I always knew when my mom had a big case coming up as she would have all her papers spread on her bed and she would have the door to her room almost all the way shut. She would sometimes come back having won, and sometimes would come home having lost. While my mom never liked losing, she has told me that "sometimes the judge just doesn't see things the way that you do"..."the jury didn't agree where I was coming from and decided against me, but that's how things are". She never took her losses personally as it was just part of the job. She is a great attorney as she is resilient in victories and defeats alike; the losses she experiences in court happens to everyone and she does not take in personally. She's always honest with her clients and doesn't over-promise them anything, if the case is a 50/50 shot then she will tell them. Even if my mom loses in court she always manages to smile and say "next time will be a win".
Being honest with your client and keeping your head up will make you a good lawyer. Use the losses to motivate you for the next time and don't bring your losses home, leave work at work. So long as your are honest and take the hits in stride you will do great.
I hope this helps and I wish you the best of luck!!
Best,
Austin
Glenn Rowley
Glenn’s Answer
Austin's answer is a good one.
Losing stinks. There are no two ways about it. And it can be discouraging.
But I would invite you to think more deeply about what "winning" and "losing" mean in the context of the practice of law.
A litigator's "win" rate depends on how one defines a "win." Most civil litigation cases (and for that matter, most criminal cases) never go to trial. Instead, after each side has had an opportunity to discover all the relevant facts and understand the strengths and weaknesses of their case, the parties usually come to some agreement (in criminal cases, a plea deal; in civil cases, a settlement) that avoids a trial. So, if one defines a "win" as an all out victory in court, there are very few "wins" for any lawyer. Outcomes at most trials result in something short of an all-out win for one side, or an all-out loss for the other side. But, If one defines a "win" as an outcome that is beneficial to one's client, then many cases result in "wins," sometimes for both sides.
Warmest regards,
Glenn
Mackenzie Ward
Mackenzie’s Answer
1. **Personal Investment**: Lawyers often become personally invested in their clients' cases. They work diligently to advocate for their clients' interests, and a loss can feel like a personal setback.
2. **Client's Well-Being**: Losing a case may have a significant impact on your client's life, whether it involves criminal charges, a civil dispute, or other legal matters. Witnessing the disappointment or distress of a client can be emotionally taxing.
3. **Professional Pride**: Many lawyers take pride in their work and strive for successful outcomes. A loss can challenge their professional confidence and self-esteem.
4. **Learning Opportunity**: While losing a case can be discouraging, it can also be a valuable learning experience. It offers an opportunity to reflect on the case, identify areas for improvement, and enhance legal skills.
5. **Legal System Realities**: The legal system is complex, and outcomes are not always predictable. Cases can turn on various factors, including evidence, legal precedents, and the actions of opposing parties.
6. **Resilience**: Successful lawyers often develop resilience over time. They learn to cope with losses and continue to advocate for their clients with determination and persistence.
7. **Support Network**: Lawyers often rely on their support network, including colleagues, mentors, and friends, to provide emotional support during challenging times.
8. **Client Communication**: Open and empathetic communication with clients is essential. Preparing clients for potential outcomes, including the possibility of losing, can help manage expectations and mitigate disappointment.
9. **Seeking Post-Verdict Remedies**: Depending on the circumstances, lawyers may explore post-verdict remedies, such as filing appeals or pursuing alternative legal strategies.
10. **Celebrating Successes**: It's important to celebrate successes and victories in your legal career, regardless of their scale. Recognizing your achievements can help balance the emotional impact of losses.
Ultimately, while losing a case can be discouraging, it is an inherent part of the legal profession. The ability to navigate both wins and losses, learn from experiences, and continue to advocate for justice is a hallmark of a resilient and effective attorney. Over time, lawyers often develop the ability to maintain a sense of professionalism and dedication, even in the face of setbacks.