Words to the wind

An accomplished Engineer likes to tell an anecdote: “Napoleon asked the general during the battle why the army was not attacking with cannon fire. The general reported: “Monsieur, I report that the reasons are three: firstly, we do not have cannons, secondly … At this point, Napoleon interrupts and says, “Thank you general, I still don’t need an explanation.”” I endure a particularly bad situation when an inexperienced lawyer – before he even started writing a lawsuit – decides for himself like Napoleon, about his client’s property, and throws his words to the wind: “the court will not take this into account, there is no chance.” The rules are as follows:
(a) customers pay only for the analysis and its results;
(b) we write a process letter mainly to show the course of our analysis and its results;
(c) our task is to find ALL PROBABLE RISKS AND OPPORTUNITIES: legal or factual issues for which we may lose or win the case;
(d) when we find an ISSUE, we write arguments on the basis of which the issue can be eliminated, challenged or substantially reduced;
(e) once the ad a-d arguments are exhausted, we consult a senior colleague of the lawyer.

When actions ad a -e lead to a conclusion likely at least at 70-80% that the case is LOST or WON, only then do we give an opinion.