The Cleveland Cavaliers surprised the basketball world by choosing Anthony Bennett as the first selection in the NBA draft. Nerlens Noel, whom many predicted would be the first pick, was not chosen until the sixth pick in the draft. Even Noel apparently expected to go higher in the draft, and reportedly said of the teams who did not select him earlier that he would “make them pay.” Noel’s disappointment may stem from his relying too much on what others—e.g., reporters, agents, even friends and family—told him would happen on draft day.
Similar to Noel’s experience, parties involved in litigation often expect to obtain a resounding judgment in their case. These expectations are not always well-founded and may be based on the opinions of others, including legal counsel. There is more one story of an attorney’s unfulfilled promise of victory. Things do not always go as hoped in life and in litigation. There is always risk involved in litigation, and, continuing with the basketball theme, there is rarely a “slam-dunk” case.