The estimation process forces both lawyer and client to analyze goals and options, not just costs, and can provide a reality check for client expectations. One reason lawyers are reluctant to give clients a brutally frank estimate at the threshold is that this may scare the client away, with the honest lawyer losing out to lawyers willing to bait the hook with something more palatable to land the client. For example, even if legal fees are on budget, the client may become perplexed if the lawyer's predictions about the matter's likely path turn out to be misguided. If the lawyer predicted that the court would block discovery on the XYZ issue, which the court then declines to do, not only is the lawyer going to have to explain the new discovery expense, but seeds of doubt about the lawyer's judgment have been planted. Estimates do constrain the lawyer's fees, but within boundaries set by the lawyer's own expectations.
Estimates thus make managing the lawyer easier for the client.
The client need not speculate about what to expect or how much it should cost once the lawyer, who is supposed to be an expert in the field, creates his or her own roadmap. The estimate also makes fee management easier for the client by placing psychological pressure on the lawyer to avoid breaking the estimate. Lawyers often discount fees before sending the bill, to avoid confrontation with the client. Exceeding Estimates Aside from the subtle psychological effects of the estimate and underlying plan, there is nothing subtle about the direct effect of exceeding an estimate. Once a budget or estimate has been communicated to a client, the lawyer has a continuing duty to update it, especially when new events make the old estimate misleading.