Source of article ComCon - Communication Consulting.

Research has found that an attorney’s estimate of the probability of success is the most crucial variable in shaping decisions whether to litigate or settle a case in controversy (see, for review, Goodman-Delahunty et al., 2010; Jeklic, 2023). Unlike parties to a case — who frequently exhibit an overconfidence about prevailing in court — attorneys are expected and trained to be more objective in their predictions. Said differently, attorneys are expected not to have a ‘myside’ bias.
How realistic are attorneys’ case outcome predictions? Do attorneys forecast outcomes accurately or do they exhibit a myside bias not unlike the parties to the dispute? Much research has been done on this issue, spanning years, types of attorneys, adjudicators, and issues being decided….