The success or failure of your attorney in prior cases while important in choosing your attorney should not be the primary determinate in choosing to retain the attorney.
Because “success” is a relative term, what one client sees as a success another client may consider a failure. In addition, success or failure is most often determined by the facts of the case rather than the attorney handling the case.
Most attorneys have success and failures in their careers and rarely would an attorney have a history of only one or the other. Good lawyers sometimes accept and take on difficult high risk cases while other lawyers only take easier low-risk cases.
A doctor may say that he never had a patient die. While true, one should view the doctor’s statement in context. If the doctor is a podiatrist (foot doctor), then the statement while true, is meaningless. Very few cardiothoracic surgeons can truly make the same statement.
While past success rates are a helpful indicator in whether an attorney will be successful it should not be the only factor a prospective client should rely upon in choosing an attorney.
Instead, clients should choose their attorneys using a number of indicators that include (including past success): (1) informing me of my options, including the risks and benefits of my case; (2) does he/she have litigation (trial) experience; (3) is he/she interested in telling me the truth, whether good or bad, rather than telling me what I want to hear so that I hire him/her; (4) were prior clients happy with him/her; (5) are his/her fees reasonable in light of the type of case it is; (6) do I feel comfortable talking with him/her on the phone and does the attorney appear to have my best interests in mind.