And we want to take on the cases we can win. These are not the same things.
Litigators spend tremendous time talking and thinking about how to win cases.
Substantial energy is devoted to issues like preparation, discovery, jury selection, trial notebooks, direct and cross-examination, opening statements, closing arguments, briefs, appeals, and so on. And in all this thinking we often ignore the supremely important prerequisite questions. In short, the client may want to get it on, get it done, and get it over with. A familiar example are the defendants who view an adverse judgment as a business expense that they would have to pay absent litigation and that litigation helps reduce in amount. Think about it for a moment from the plaintiff's perspective.