How Your Overconfidence Can Hurt Your Case

It’s important to recognize the reality that just about any case can be looked at from different angles, and the opposing party in your case probably feels just as strongly about them being right as you are. Too many people, who are involved in litigation, are convinced that they are 100% right, the truth is on their side, and that the opposite party has zero chance of winning because their position is devoid of merit.  When they start working with an attorney, they exaggerate the facts that support their case and understate or neglect to mention the unfavorable aspects of their situation altogether. All too often this type of underestimating of the other side and their potential arguments backfires and leads to unpleasant surprises at different stages of litigating a case.

Instead, one of the best ways to approach any case is by putting yourself in the other side’s shoes and coming up with the best arguments you believe they can make. Just pretend that you were hired to be the other side’s lawyer and you are supposed to come up with the best defense for their position in your case. Then work on formulating the best ways you could refute or at least address the arguments. The better prepared you are for the riskiest facts and the most difficult questions in your case, the less likely the other side is to be able to surprise you and undermine your side of the story.

This is also why you should share with your attorney all the information about all the potential issues you see yourself in your case however insignificant you think they are. Let your attorney decide which facts matter more or less. The more informed your attorney is about all the strengths and actual or perceived weaknesses of your case, the better equipped he will be to present your case as effectively as possible. This type of openness and objectivity will also make you appear as a more honest and thus a most trustworthy client.