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Message: PACER

So for all who are waiting...BILL...PAU...

posted on Nov 17, 2007 09:06AM

You said:

"Nothing legal is ever sure and you know that."... 

Simply said, YOU ARE WRONG...

FIRST:  We have to agree on what is meant by a sure bet. If we start with thinking that it means 100% PROBABILITY of the event happening, then you are right. But, I define it as meaning an event that shall happen in the future with a 85 to 90% PROBABILITY...

SECOND: 

If you took the fact that the Sun will shine in the morning as 90-98% probability, then a sure bet is just the next catagory below that.

The legal system has a way of quantifying what evidence is nedded to prove your case.

For example, (1) "By a preponderance of evidence", (2) "By clear and convincing evidence", (3) "Beyond a reasoable doubt", etc.

Any trial lawyer worth his calling can and must evaluate his case before he/she makes a decision to take the case. And when they take it on a contingency basis they must go over the "Evidence" with a tooth comb and decide where that evidence will fit.

THIRD:

When I said, "In using your knowledge and experience and put your arse on the line on  SURE BET", I was saying, in a layman's term, that an experienced trial lawyer is prone to assess his chances of success in terms of looking at the evidence available, and that which he can deduce can be produced through discovery, before he signs an agreement to work on a contingency basis.

And this evaluation process gets more and more detailed and serious if the case is one of complex litigation with big bucks at stake. Sometimes even experts are hired to render opinions during this evaluation process which is aimed at assessment of the chances for success in the case.

When the attorney's  assessment looks to him that he can prove his case "by clear and convincing evidence", that is when he considers his case "a sure bet".

There are many cases in every day practice of the law that fit the definition of a sure bet given above.

In my post to LL I was merely stating my opinion that DM MUST HAVE gone through the process of evaluating EDIG's claims before reaching their decision to sign on to represent EDIG on a contingency fee basis.

GLTA...

Gil...

 

 

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