Too many times I've seen attorneys leap into litigation without truly knowing what they are getting themselves into in the long run. I've been guilty of this myself! An attorney must think through a case to the end before the commitment to the case is even made. If that thought process is not conducted in the beginning, the results could be disasterous!
This often comes up when an attorney and client "agree" that the attorney will step into new or ongoing litigation for a specific purpose, such as obtaining a default judgment or simply to answer a case in order to avoid a default judgment. This often spells problems when all doesn't go according to plan. What happens when the defendant answers the suit before the default is obtained? What happens when the client can't find another attorney to substitute into the case after the answer is filed? Either way, your "specific project" case is now full blown litigation and you are the attorney of record! This becomes even more of a problem if the judge decides to deny your motion to withdraw!!!
Although "think about the long term before jumping in" may sound like everyday commonsense not worthy of further explanation, why does it continue to be a problem? I and other attorneys I know have battled these issues, but I hope that our experiences are causing us to think longer and harder about the issue on the front end so that we're not cleaning up messes on the back end!
