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The Mindset: Limiting Tangible Risks
Managing litigation risks, like managing other kinds of risks, entails making a dispassionate assessment of reality. This may seem obvious, but, in practice, cajoling a client into facing the risks of a transaction can be the most formidable challenge to the practitioner. Deals are achieved by accentuating the positive and de-emphasizing the negative. In the worst situation, a lawyer can be perceived of as a gadfly; a Cassandra that can place a damper on the enthusiasm for a deal. This kind of relationship can be a source of substantial attorney-client tension...
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