We obviously try to identify relevant evidence and law which is in your favour at an early stage and consider that which is not. However, this is an ongoing process and certain facts and evidence might not immediately be identified at the outset. If, following what is an ongoing assessment, it is clear that a case will be won or lost, you will be advised of this.
However, there would be no need for lawyers if the law was always black and white. Cases very rarely go to trial or are argued about if they are clear cut. Very strong or weak cases normally settle before incurring the cost and risk of court proceedings on the best terms possible. Cases that go to trial are those which have arguable points and could often go either way.
A lot of the time we are not able to advise clients conclusively about whether or not their case will be successful because there are a lot of variables. The best that is normally possible is to provide a risk assessment, based on the evidence before us and relevant law. This is broadly called “litigation risk” and exists in every case. Litigation risk is something that needs to be considered at all times and in deciding on what steps to take in a case. Also, every client is different and ultimately it is up to them to decide where to draw the line based on our advice and what risks they are willing to take.