In Dispute: Risk in litigation 2023

There are many ways of seeing a major piece of litigation, but one way in which it is commonly understood by clients is simply as a game of chance. In the commercial sphere in particular, key stakeholders want to know simply what are the chances of winning. But lawyers have traditionally struggled to engage effectively with clients in relation to the risks of litigation, often giving broad brush estimates (if they give even that) of prospects of success without any apparent explanation or rigour.

So, what are your odds, what are the factors which cause uncertainty in litigation and how can these be best analysed and addressed?

This page has resources that look at how lawyers and clients can truly assess the prospects of winning and losing a case and the other risks inherent in litigation.

In Dispute: Risk in Litigation

Toolkit for risk analysis in litigation

Analysing and managing risk in litigation

Access to the previous years' In Dispute series covering reputation in litigation can be found here.