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 Lawyer�s
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 One�s choice for
number 1 may surprise some lawyers.

According to Research One�s 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 you�re 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 court�s 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
can�t be so neatly contained, which means that you may miss a winning argument if
it�s 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: �It�s 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 you�re 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 Lawyer�s 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 Lawyer�s 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 One�s ideas into products for lawyers, such as Win More Cases: The Lawyer�s
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