5 Being right doesn’t mean you win. So, you get a new case. The police just walked into your client’s house, for no reason. They had no right to be there. There was no probable cause. You tell your client, “I think we can win this thing.” The problem though? After the police trampled right over the Fourth Amendment on their way into your client’s home, they found your client was committing half of the possible crimes a person in your state can commit. Sure, you are right on the law. But no one wants your client out of jail, so you lose.
Or, say you found some interesting and complex legal issue that means you win. It means millions of dollars for your client. You spent days writing a brief for the court which clearly explains the law and convincingly distinguishes unhelpful cases. Opposing counsel just glossed over your arguments, because there’s no legal defense to your arguments. You are right. But, you don’t get to make the decisions. The judge does. And the judge read your brief and opposing counsel’s brief yesterday in between rounds of golf. And frankly, he doesn’t know anything about securities law anyway. So again, you lose.