Asked over 1 year ago - Hempstead, NY

Generally in a divorce why would the attorney go for trial in spite of the fact that he will lose.

Attorney answers (5)

  1. Lori Noel Bovee

    Contributor Level 13


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . He wouldnt which means one of two things: 1) the fact that his client will lose is not as sure as you think or 2) he doesnt have control over his client (meaning the client is going against his advice to settle). Settlement is the clients decision, not the attorney.

  2. Howard A. Schwartz

    Contributor Level 20


    Lawyers agree

    Answered . If there is no agreement between the parties then the only option is a trial.

    I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094... more
  3. Penelope J Blizzard-McGrath

    Contributor Level 9


    Lawyers agree

    Answered . Generally speaking, he wouldnt go to trial knowing he'd lose. The certainty of losing or winning is not known. If the party doesn't want to go to trial, the attorney wouldn't go to trial.

  4. Maria C. Tebano

    Contributor Level 15


    Lawyer agrees

    Answered . Perhaps the attorney is not convinced that he will lose. It could also mean that the client is not interested in settling and so the attorney has no choice but to go to trial. Absent a settlement, trial is the only other option.

  5. Karen Svendsen

    Contributor Level 4

    Answered . Deciding to try a case is not the attorney's decision. The attorney's job is to inform the client of the liklihood of success based upon the law. Ultimately, the client dictates whether a settlement offer is acceptable.

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