Source of article 2's Company - Magnus Insights.

Following on “When losing is winning. Part 1,” I’m writing now about another phenomenon that has been covered a bit in other posts. That is, defining winning. On the defense side of civil and criminal cases, some of them are, technically speaking, losers. That is, an outright defense verdict is unlikely no matter what – the liability/guilt is there. It is, however, possible for a plaintiff’s or prosecutor’s verdict to still be a win for the defendant. That is, though the criminal defendant gets found guilty, if it is of a lesser charge than the worst possible, this is a win. In a civil case, losing $8,000,000 is far better than losing $25,000,000 (as happened in one our memorable cases years ago). Losing the case is relative. The size of the loss actually gets counted in the “win” column in some cases. Undoubtably, many of our clients have used mock jury research to figure out how to reduce their risks and soften the blow of a “loss.”