When employing legal counsel, clients may expect that their attorney will not only have knowledge of the relevant legal procedures, but also will be able to counsel the client regarding the risks and possible outcomes for a matter. For litigators, that can mean that the client is looking to the attorney for an evaluation of their potential liability or recovery in connection with a lawsuit. Indeed, in most litigations, settlement is at least considered at some point during the matter, which necessarily requires the client to consider the strengths and weaknesses of the case in formulating a settlement position.

However, although many attorneys strive to assist their clients in making informed decisions, the act of predicting results can be less than certain. There are a wide range factors that may impact the result in a case besides the facts and the applicable legal principles. This can include a mix of objective data, such as jury verdict reports, and other more subjective factors, such as an assessment of the tendencies of the judge assigned to the case. Because of the volatility associated with these factors, most experienced attorneys are aware of at least one instance (if not many) where a verdict comes in for an amount that is completely unexpected based on the facts of the case.