Why Attorneys Can’t Guarantee Outcomes—and Why That’s a Good Thing

Dec 3

One of the most challenging aspects of being a defense attorney is managing client expectations. Clients understandably want reassurance that their case will end favorably, and they often ask questions like, “What are my chances of winning?” or “Can you guarantee that I won’t go to jail?” As much as I want to give every client the peace of mind they’re seeking, the reality is that no attorney can ever guarantee an outcome.

As an experienced Tucson DUI defense attorney at AJB Law Firm, LLC, I make it a priority to be transparent and realistic with my clients. Promising a specific result is not only unethical but also undermines the integrity of the legal profession. Instead, my commitment is to give honest assessments, thorough preparation, and the most vigorous defense possible. Let’s explore why no outcome is guaranteed, how the unpredictability of the legal system works, and why setting realistic expectations from the beginning benefits both the client and the attorney.

The Unpredictability of the Legal System

The legal system is inherently unpredictable. Even when the facts seem clear-cut, there are countless variables that can influence the outcome of a case. Some of these include:

Judicial Discretion: Judges have the authority to make rulings based on their interpretation of the law, which can vary significantly from one courtroom to another.
Jury Perception: Jurors come from diverse backgrounds and may interpret evidence and testimony differently than expected.
Prosecutorial Strategy: Prosecutors might change strategies, introduce new evidence, or alter their approach mid-trial.
Witness Reliability: Witnesses may change their stories, present inconsistencies, or react differently under pressure.
Procedural Surprises: Issues like evidence suppression, unexpected objections, or sudden procedural rulings can drastically change the trajectory of a case.

Because of these unpredictable factors, an attorney can never promise a specific result. Instead, the focus must be on building the strongest possible defense, anticipating challenges, and preparing to pivot when necessary.

Why It’s Unethical to Promise a Result

Making promises about case outcomes is not only irresponsible, but it also violates ethical standards set forth by the State Bar. Attorneys are not fortune tellers—we are advocates, strategists, and legal experts who work tirelessly to pursue the best possible outcome. Promising a specific result:

Undermines Credibility: Clients will lose trust if a promised result doesn’t materialize.
Violates Ethical Rules: Attorneys have a duty to provide competent representation without guaranteeing results.
Sets Unrealistic Expectations: Giving clients false hope can lead to significant disappointment and damage to the attorney-client relationship.

How Strong Preparation Can Improve Results (But Never Guarantee Them)

One of the most important aspects of defense work is preparing every case as if it will go to trial. This means conducting thorough investigations, analyzing all available evidence, and anticipating the prosecution’s arguments. While meticulous preparation can significantly improve the chances of a favorable outcome, it still does not guarantee success.

For example, I recently had a case that initially appeared unwinnable based on the officer’s statements and the police report. However, after reviewing body-worn camera footage and conducting a comprehensive cross-examination, we exposed significant inconsistencies that ultimately led to the dismissal of charges. Conversely, I’ve also had cases that seemed straightforward and strong, but unexpected factors—like a witness changing their story or new evidence surfacing—completely changed the trajectory.

When Things Go Better (or Worse) Than Expected

There are times when unexpected victories happen. A key piece of evidence gets suppressed, or a witness admits to lying. Other times, what seemed like a sure win turns into an uphill battle due to an unpredictable ruling or a juror’s reaction to testimony.

These realities highlight the importance of not making guarantees. Instead, I work to educate my clients about the risks and variables while maintaining honest and open communication throughout the process. Being transparent helps clients feel prepared for any outcome, whether it’s a win or a setback.

Focusing on What Can Be Controlled

While I can’t control how a judge or jury will interpret the evidence, I can control how thoroughly I prepare and how effectively I cross-examine witnesses and challenge evidence. I focus on:

Vigorous Investigation: Collecting every possible piece of evidence to build a strong defense.
Strategic Planning: Developing multiple strategies to address any surprises that might arise.
Effective Communication: Keeping clients informed about the progress of their case and any developments that might impact the strategy.

The Benefit of Setting Realistic Expectations

Ultimately, clients deserve honesty and transparency from their attorney. By setting realistic expectations, I help reduce anxiety and empower clients to make informed decisions. Clients who understand the unpredictable nature of the legal process are better equipped to handle whatever outcome arises.

Why You Need an Attorney Who Keeps It Real

At AJB Law Firm, LLC, I believe in being upfront and honest with my clients. While I can’t promise you a specific outcome, I can promise that I will fight tirelessly on your behalf, investigate every angle, and make sure your rights are protected. Setting realistic expectations not only preserves trust but also helps us work together effectively throughout the case.

If you’re facing DUI or other criminal charges in Tucson or Pima County, contact me to discuss your situation. I’m here to give you honest guidance and a fierce defense—without making promises I can’t keep.