Because litigation is inherently risky, success in court is never guaranteed, although Attorney McCullough prides himself in making every effort to win consistent with the law, ethical rules, and his client's financial resources.
"A lawyer's time and advice are his stock in trade." -- Abraham Lincoln.
Thus, clients pay their lawyers for time and advice and the opportunity to win or to achieve the best possible result in the circumstances, even if that means minimizing an adverse outcome or consequences. The lawyer does not create the facts; rather, the lawyer takes those facts as he or she finds them. As the saying goes, we play the hand we are dealt. Playing that hand in the most successful and skillful manner possible is the lawyer's goal, even if that means folding early, or settling for the least damage possible.