Beyond right and wrong

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Let us endeavor to see things as they are and then inquire whether we ought to complain. The consolation drawn from truth, if any exists, is solid and durable; that from error is fallacious and fleeting. In litigation, attorneys and clients face numerous decisions, from choosing an attorney to calling witnesses at trial, filing complaints, or appealing verdicts. Each decision involves critical considerations about strategies, costs, arguments, valuations, evidence, and negotiations. Once made, these decisions are scrutinized by opponents eager to exploit any mistakes. In this adversarial environment, decision-making errors can be transparent, irreversible, and potentially devastating, risking bankruptcy for clients and the dissolution of law firms. While attorneys and clients may view sound decision-making as secondary to effective lawyering, it is, in fact, the essence of the practice. An attorney's knowledge, intelligence, and experience remain inert until effectively deployed in service of the client’s interests. Ultimately, the decisions made by attorneys and clients significantly shape the trajectory and outcome of a case.