Legal Advice on Prospects of Success
However, it is important to note that Judges and Magistrates are human and there is not necessarily one ‘right answer’. Therefore, even if you have a good case, success can never be guaranteed or predicted.
Even so, it is a requirement for your lawyer to attempt to give you a prediction as to the prospects of success, so that you can make an informed decision about whether to proceed and if so, to better create a resolution strategy.
What if my lawyer gives me the wrong prospects of success?
In rare circumstances where a law practice provides legal services to a client without reasonable prospects of success, this may amount to unsatisfactory professional conduct or professional misconduct. This may result in the legal practice having to repay the client all or part of the costs that the client was ordered to pay to another party. In this situation, the onus is on the legal practice to show that there was an actual basis for providing reasonable prospects of success.