Fighting the Good Fight

The way we behave here in the Trenches sometimes baffles clients.  In the past year, I've had two cases which presented very difficult sets of facts.  By difficult sets of facts, I mean a set of facts which, when applied to the law, create a case that is difficult, if not impossible, to win.  I am very honest with my clients and I try to create realistic expectations for them.  That means I tell them not to get their hopes up, that it's an almost impossible case to win, and that we will give it our all anyway.  We discuss their case, all the pros and the cons, and decide whether to fight the battle anyway.  The problem is that clients don't always understand that there's a difference between managing expectations and giving up. If the client, after knowing all the facts and weighing all the options, decides they want to try their case in court, then that's it for me and I go forward as if there is no doubt that they will win.  I present their case as though my life depends on it, vigorously arguing every point and presenting every piece of evidence.   At the time we're discussing the options, however, the client doesn't know what I'm like if we go to court, and they start to get worried that my assessment of their case means that I won't give it my all in court.  Of course, I try to allay their fears, but that doubt exists nonetheless....until we go to court.  Then they believe (and by the way, we won) - here in the Trenches.