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Probability of Success

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From the Desk of Lenden Webb

A Revised Video-to-Audio Transcription

Clients oftentimes ask me, “Am I going to win? Am I assured a victory at trial?” As much as I want to give my clients assurances of exactly what the law is, the law is a changing and moving target to some degrees.

There are changes that happen based on interpretations, and based on statute changes the legislature can enact. There are things that a judge may look at a balancing of the factors test one way, and a totality of circumstances, and decide in your unique situation that it needed to be interpreted a different way and that there’s a different result.

While we can usually predict what we expect a reasonable person on the bench or a jury of 12 of your peers will say, there is never, in my experience, with jury trials and the bench trials that I’ve done, there is never anything better than an 80% chance of winning.

Even the most slam-dunk cases against our law firm where we thought “oh, we’re going to lose, we’re going to lose,” and we tell the client and they say “I want to go to trial and have my day in court,” sometimes you still win because of some small mistake that a plaintiff does when they should have won. But if they make some kind of mistake and we find out about it, and that does happen, you can win a case you should lose and vice versa.

So in my mind, it’s always between 20% and 80%. There’s a 60% window there between those two that your case is always between. So I will give the client my best estimate of where they’re at in that window, but it is never wise to get too confident or too disheartened in a case at any one point in time.

You must multiply the chances of success against the expenses and you make careful balance decisions. Then you move forward accordingly.

Key Points:

  1. “The law is a changing and moving target.”
  2. “There is a 60% window…that cases are always between and so I would give my client my best estimate where they are at in that window.”
  3. “We will help you make carefully balanced decisions that you can afford.”

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Webb Law Group is a reputable business and liability litigation firm with experience in matters involving California law. Having a reputable attorney by your side for these matters will offer you the best possible chance of your case arriving at a positive outcome.

If you feel you need legal representation in California, Webb Law Group would be happy to review your case and provide consultation and support where necessary. For questions, or to schedule a consultation, contact Webb Law Group today at (559) 431-4888.

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About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.