If you are a divorce lawyer and you have a good client walk through the door (and you really need the money) should you refuse the case if you know ahead of time that opposing counsel is going to demolish you if the case goes to trial? Should you level with the client that the opposing counsel is too tough to handle? Or should you take the case but explain to the client that if the case goes to trial that you will have to withdraw? This question is not asked often but my experience is that there are some lawyers who just have an edge over other lawyers in certain circumstances whether it is their years of experience, age, gender, race/ethnicity or other factors such as reputation in the industry and with the divorce court. Is it fair to the client to take the case knowing that you will only lose if opposing counsel remains on the case – even if you badly need the money? Is it smart to risk getting sued for malpractice even, by taking a case where you know you are outmatched? Is it fair to the client? What are your thoughts?
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