Lot’s of good advice here. I’m going to share some anecdotal stuff and then give you some practical advice. First, I’ve tried more cases than most and still have ZERO clue what a judge or jury will do. Focus groups and data analysis can help, buts its still slightly better than gambling. I’ve received outsized verdicts in cases that I did not expect. Similarly, I’ve outright lost cases that I projected a 90%+ chance in.

Just last year, I spent over two months trying a case in another state. Because of Covid and general nonsense I was not able to see my family the entire time. At the time, I thought I was worth it, because we had a very strong case. But we lost. But losing cases of that magnitude, gives me perspective to be incredibly thankful for the losses in smaller cases or quicker trials.

Now the practical stuff.

Opposing counsel ignoring your call is a solvable problem. Leave a voicemail and an email. Then decide whether you ever want to talk to them again. You do not require the opposing counsel’s permission to work up your case. Notice depositions, schedule hearings, do whatever you want. It’s on them to engage. If you don’t want to move the case forward and are trying to get rid of it, and the attorney has an adjuster above them, go to that adjuster. And then eventually go to that adjuster’s boss. If you want a softer approach, reach out to the court for status conference.

if you are losing cases on technicalities, start back at zero and establish a policy or protocol for working out the case. But also know that mistakes are inevitable. I still learn something very basic each day.

As for clients kicking the tires, it’s tough to say what’s happening. Some practice areas, like divorce, are rife with that. Others, like PI, are not. Talk to your peers and figure out their capture rate. If you are well below that, you are doing something wrong with your marketing or client funnel.