Legal Research Company Reveals Top 5 Reasons Why Lawyers Lose `Unlosable` Lawsuits

Released on: September 28, 2008, 8:17 am

Press Release Author: Serenson Pty Ltd

Industry: Law

Press Release Summary: A leading legal research and writing company asks: How does
a lawyer snatch defeat from the jaws of victory? The answers may surprise some
lawyers.

Press Release Body: Legal research company Research One has provided specialized
legal research, writing, and analysis services to lawyers worldwide for 7 years. To
mark the launch of a groundbreaking new law book Win More Cases: The Lawyers
Toolkit, the company has compiled the best information available on why some
lawyers lose unlosable lawsuits.

Unlosable lawsuits are the cases where everything including history, policy,
precedent, and basic fairness all points to a good outcome, yet the court still
decides the other way.

Releasing its Top 5 List of Fatal Lawyer Mistakes, Research Ones choice for
number 1 may surprise some lawyers.

According to Research Ones CEO, Troy Simpson, the commonest mistake lawyers make is
to raise every argument imaginable. The fear of losing a case compels lawyers to
raise every argument conceivable. It may seem counter-intuitive, and might
contradict what youre taught in law school, but raising a mishmash of legal
theories in fact creates an even bigger risk for a lawyer. Unless you find the real
point of the case and toss out the arguments that have no legs, then you risk
diverting the courts attention and you dilute the strength of your real
argument, Simpson says.

Forgetting to look outside your area of expertise comes at number 2 on the list of
ways to lose the unlosable lawsuit. No lawyer can master every area of law, so
lawyers compartmentalize the law and focus on 1 or 2 areas of expertise. But the law
cant be so neatly contained, which means that you may miss a winning argument if
its outside of your experience, Simpson says.

Asked to provide an example, Simpson adds: You might be an expert in the
substantive area of law in question, for example criminal law, but you might miss a
threshold issue that should have disposed the matter quickly, such as the defendant
having immunity from prosecution.

Coming in next on the list are several deeper problems that affect lawyers success
rates.

At number 3 is lawyers shortage of time: [As a lawyer], you may have no time to
think through your argument properly, but deadlines push you on. So you paper over
the gaps in logic and end-up presenting nonsense, Simpson says.

At number 4, Simpson says too many lawyers work in noisy and busy environments,
poorly suited to the work of lawyers: Its hard to think in the hustle and bustle
of big cities. The work of a good thinker is quiet and unhurried.

The 5th problem is a lack of objectivity: When youre anxious for a particular
result, you may sometimes not look as objectively at a legal problem or legal
argument as you should, Simpson says.

Fortunately for lawyers, and their clients, help is at hand. Launched this month,
Win More Cases: The Lawyers Toolkit aims to reduce the risk of making potentially
costly and embarrassing mistakes by providing lawyers with checklists, brainstorming
devices, links to time-saving tools, a workbench of common legal arguments, tips
to get into the right mindset at the right time, and a compendium of expert advice
on the essence of winning cases.

Win More Cases: The Lawyers Toolkit is available from bookstores and is also
available in electronic format. Visit www.win-more-cases.com for more details.

About Us
Serenson P/L and Research One P/L are sister companies. Serenson commercializes
Research Ones ideas into products for lawyers, such as Win More Cases: The Lawyers
Toolkit (www.win-more-cases.com). Serenson also operates a free community website
called Write Better English (www.write-better-english.com). Research One
(www.research-one.com.au) provides award-winning customized legal research and
writing services to lawyers worldwide.


Web Site: http://www.win-more-cases.com

Contact Details: Serenson P/L
GPO 1721
Canberra ACT 2601
Australia
Phone: +61 2 6258 1023
Email: wmc@serenson.com

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