Litigation is often referred to as ‘a lottery’. Most lawyers would argue that this is an unfair description but would nevertheless concede that it contains an element of truth. Most usually, it refers to the fact that nothing is certain in litigation, as in life. What started out as a compelling case can, as new evidence emerges, be transformed into a hopeless one.
But there is a further element of risk in the litigation process which creates even more uncertainty than a lottery. At least with a lottery you know how much the lottery ticket costs and therefore how much you stand to lose. In litigation, if you lose the case, at stake is not just the claim itself nor even just the claim and the fees that you have paid to your lawyer to prosecute it on your behalf, but additionally the legal fees of your victorious opponent.
