When is litigation like Las Vegas? The more cynical among us might answer “Always,” arguing that the outcome of any trial is a crapshoot. But for the rest of us, “always” is not the right answer. Most believe there is a relationship between the outcome of a trial and the hard work that went into preparing for it. Most believe that our actions influence the outcome. But there is an aspect of litigation that is almost exactly like Las Vegas, at least from a mathematical perspective, and that...
