NQ blog - September 2015: Managing less favourable outcomes as an NQ

There can be any number of reasons why a case does not have a favourable outcome. For example, there might be times when the case against your client is particularly strong, to the extent that he or she does not have a great prospect for success.

In those types of cases – be it criminal, civil or even a contentious commercial case – there may not be much room for manoeuvre in terms of negotiations or advocacy. I remember being told as a Diploma student, however, that solicitors don’t win or lose cases, the evidence does – some solace, at least, for the practitioner after a painstaking fight to win.

I’m sure we have all had cases that involve an element of frustration because the outcome isn’t as favourable for our client as we had hoped (or even expected). It is par for the course that we must take the good with the bad and, ultimately, as long as we have given the case our full and best efforts, that is all that can be expected.

I recently came across a particularly relevant passage from a former sheriff – substitute of Lanarkshire, Mr A.G. Walker:

'The function of a court is to do justice, according to law, between the litigants. If that is to be achieved it is essential that both the judge and the pleaders should give of their best – whether the case be large or small. If a pleader is not prepared to give of his best – whatever the reason may be – and to do his duty by his client and the court, then he should desert the law and earn his living in some less exacting trade.'

What we can take from this is that the focus of our energy as solicitors shouldn’t be about winning or losing cases, rather the primary objective in our job is to make sure we serve the client’s interests first, and above all else.