David & Goliath: the Underdog in Court
Attorney Rush Nigut was inspired to write in his blog about Y.E. Yang’s recent victory over Tiger Woods in the PGA Championship. Nigut compared the sporting match to a trial, correctly stating that in both cases, there is no guaranteed outcome.
He makes an excellent point; one with which we are familiar in our own practice, for many of our clients are considered the “underdog.” We, too, are often underrated by our opposition, but are often motivated even more by these situations. (And we make it a practice never to underrate our opposition.)
In 2007 the University of South Florida did a comprehensive study on “The Appeal of the Underdog.” The researchers found that for various reasons, most people do, in fact, sympathize with the perceived underdog.
As trial lawyers, it’s very important for us to keep that in mind.
However, there is a flip side, too. While it takes courage to confront a case when you’re the underdog, because of the inherent uncertainty of trials, we encourage reasonable settlements whenever we can. Regardless of preparation or perception, in uncontrolled circumstances (courses or courts), you never know which way the ball is going to roll.
Photo: Tiger Woods, courtesy Wikimedia
