Because these Motions are rarely successful, what the lawyer has done to his and her client in most cases is raise false hopes at the client's emotional and economic expense. Then there is the often hideous trauma and confrontation of the trial itself. After the trial is over, the lawyer for the losing party will probably raise false hopes of the client again by petitioning the trial court for a new trial. Since those requests are also not successful most of the time, the lawyer's next step will be expending the client's money on an appeal, thus raising new false hopes. In some cases, appeals can be prosecuted to three levels of higher courts.
Most appeals are unsuccessful.
However, wherever the conventional litigation program takes the case, the final result will technically be one winner and one loser. In other words, that system does not really have winners, not the clients, not the lawyers, not the legal staff, not the judges, etc. It is no wonder that attorneys who practice this form of contentious law battling statistically have high incidences of drug addiction, alcoholism, suicides, heart attacks and strokes. Their legal secretaries, too, have very high burn-out rates. Further, the average tenure for sitting judges in this system, from appointment or election up to voluntary retirement, gets shorter every year.