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ArticlesNo Representations As To Results in this Blog

February 13, 2008

The other day I received a telephone call from one reader of this blog. The caller questioned whether I was one of the attorneys in the case I commented on. When I said that I was not in any way connected to the case, the caller asked, would there have been a “better” result if I was somehow involved in the case. I could not answer that question.

When I comment on a case, I do so, for one of several reasons:

1. The case sets a precedent or expands some area of law, (last week’s post about the Appellate Division

It would be unethical for me to suggest that if I was involved in a case that the result would be in any way different. Indeed, New York’s rules regulating attorney advertising prohibit attorneys from making such representations. In fact, the rules require lawyer’s web sites to include the disclaimer, “Prior results do not guarantee a similar outcome.”

There could be a lot of reasons why a court reached a particular decision in a case. The facts or the existing law will most likely be determinative of the outcome. Of course, an attorney’s advocacy skills, his/her ability to frame and communicate the relevant facts and law, will influence the case’s outcome. But, it is impossible to predict, with certainty, what will resonate with a judge.

If any attorney represents that he can achieve, with certainty, a particular result in a contested matter, run away. In litigation, the only certainty is that there is no certainty. No one can guarantee an outcome. It is for this very reason that lawyers are required to state that “Prior results do not guarantee a similar outcome.”

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 


Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

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