Extract from article by Allison Speigel
All too often, lawyers fail to heed this advice. They move cases forward before really evaluating the merits of the claims. They are often on auto-pilot: Draft the pleading, bring preliminary procedural motions, start the document collection process, etc. The problem with this approach is that a lot of time and money is spent before the lawyers have actually determined whether the claims or defences are likely to succeed.
Ultimately, they have started the client’s litigation journey without a clear destination in mind.
A lawyer should be conducting case assessments at every stage of the proceeding.