When seeking legal representation, prospective clients often find themselves grappling with a myriad of questions: What are your fees? What’s your primary area of expertise? Have you handled cases similar to mine? And, inevitably, what is your track record of success? In this article, we are going to answer the latter.
Here at Resolute Legal, we wholeheartedly believe in the They Ask, You Answer business philosophy created by Marcus Sheridan. Put simply, this method revolves around creating content to answer your customer’s most pressing questions — even if that content may, in turn, drive customers away. For example, we have produced articles on how much it costs to work with us (a piece of content most lawyers would never publish), an Ultimate Guide to the Best Disability Lawyers in Ontario, as well as thousands of other pieces of content (articles, books, youtube videos, webinars and free courses) designed to answer our customer’s questions and concerns.
With that said, we have yet to produce a piece of content that addresses the question we get the most often: “What is your success rate.” We have been hesitant to share this information for a variety of reasons. Firstly, the law societies in each province impose strict limitations on the disclosure of success rates. Lawyers aren’t allowed to compare themselves with other lawyers. Or to guarantee success or results. So, we wanted to make sure we crossed all the t’s and dotted all the i’s before publishing this data.
The second and most prominent reason we have been reluctant to share this information is because we don’t want to mislead anyone. Past success does not guarantee future results. Every case is unique, and the outcome of each case depends on a variety of factors, including but not limited to the specific facts and circumstances of the case, the applicable law, and the abilities of the parties involved. We pride ourselves on being transparent and honest with our customers, so the last thing we want to do is publish data that could be misconstrued.
That is why we are sharing this data in the most candid way possible. Our hope is that after reading this, you will know what our success rate is but, more importantly, what a success rate really means and why you shouldn’t solely rely on it when choosing a lawyer.
Our methodology: How we measure “success”
Before delving further, it’s important to explain our methodology. We will be discussing the rate at which we win cases. Our win rate is exclusively based on cases that reached a final determination (FD). A final determination means a final decision was reached, and no more appeals are possible, whether the case was approved or denied, settled, won or lost in court.
For example, a successful final determination with a long-term disability case would be the insurance company approving the claim on appeal, negotiating a one-time lump-sum settlement, or a judge approving the claim at trial. In a CPP disability case, a successful final determination can be Service Canada approving the claim on an appeal or the tribunal judge approving the claim after a hearing. On the other hand, an unsuccessful final determination would involve a judge denying the claim, and no more appeals are possible.
Cases that were discontinued – either by the client or by us – prior to a final determination are excluded from our win rate calculation. Why? We exclude these cases because no decision was ultimately made. Thus, we cannot report any conclusive outcome.
To put this into perspective, suppose you are conducting a study on a healthy diet’s effect on mental health. You have 100 participants, and five stop the diet and drop out of the study mid-way through. Would you include those five in the study’s results? No, you can’t include them because they did not complete the process, and thus, their results would skew the study. That is exactly why we can’t include cases that did not reach a final determination, as they did not complete the process, so to speak.
Why might cases not reach a final determination? Here are some common examples according to our client data:
- The client’s claim was approved immediately after hiring us, so we withdrew representation and didn’t charge any fees.
- Overwhelmed by nerves, the client opts to abandon the case before we move to a new stage of the appeal or lawsuit.
- New facts or information emerges that renders success unlikely, or impossible, so the client opts to discontinue the case to avoid the risk of having to pay the insurance company’s legal fees if we lose.
- The client disappears and we are unable to contact them, so we have to withdraw from the case.
- The client decided to handle the case themselves or move to a different law firm.
- The client recovered and went back to work and decided not to move forward with the case.
It’s also important to note that the data provided in the article dates from December 2013 — when Resolute Legal first opened its doors — until January 2024. We plan to update this article on a yearly basis moving forward.
The results: Our win rate by disability claim type
So, what is our win rate? As of January 2024, our overall win rate across all disability claims stands at 94.48 percent. It’s important to note that this figure excludes cases that did not reach a final determination. In essence, 94.48 percent of the cases we’ve handled resulted in approval, settlement, or a favourable court outcome.
However, past success does not guarantee future results, and litigation outcomes will vary according to the facts in individual cases. So, just to be clear, this does not mean we will have a 94.5 percent chance of winning your case.
It’s also worth mentioning that not every victory aligns perfectly with a client’s expectations. For instance, a client may secure a settlement but remain dissatisfied with the amount negotiated. They may have hoped to receive $150,000 but instead reach a settlement for $50,000. While this isn’t the client’s ideal result, we still count this as a win because the client reached a mutually agreed settlement with the insurance company. Clients reach such compromise agreements when the benefit of the settlement (i.e., $50,000) outweighs the risks of going to trial, which carries the risk of getting $0 and having to pay the other side’s legal fees. Keep in mind, however, that most clients are thrilled with their settlement results.
The following is a breakdown of our win rates by disability claim type from December 2013 to January 2024:
| Matter Type | Percenatge of Wins | Percentage of Losses |
|---|---|---|
| CPP Disability | 97.15% | 2.85% |
| Disability Insurance | 99.71% | 0.29% |
| Disability Tax Credit | 100% | 0% |
| Workers Compensation | 77.78% | 22.22% |
| Overall Win Rate | 94.48% | 5.52% |
As you can see, workers’ compensation is the disability claim type we are the least successful with. Why? Workers’ compensation cases are by far the hardest cases to litigate. These cases are particularly challenging as we not only have to prove the client is disabled but that disability arose throughout the course of their employment. In contrast, with programs such as CPP disability and long-term disability, we only need to show that the client has a disability that renders them unable to work.
In addition, workers’ compensation has a smaller sample size compared to CPP disability and long-term disability insurance. After a few years, we hope to have a larger, more accurate sample to share.
Percentage of cases that reached a final determination
If you’re a critical thinker who is skeptical of data, then you may be wondering what percentage of our cases did NOT reach a final determination. After all, these are the cases that are excluded from our overall win rate.
As discussed in the section above, there are a variety of reasons why a case wouldn’t reach a final determination. So, to be as transparent as possible, here is a breakdown of the percentage of our cases that reached a final determination (FD) as well as the percentage that did not:
| Matter type | Percentage of cases that reached a FD | Percentage of cases that did NOT reach a FD |
|---|---|---|
| CPP Disability | 82.48% | 17.52% |
| Disability Insurance | 70.35% | 29.65% |
| Disability Tax Credit | 70.59% | 29.41% |
| Workers’ Compensation | 56.07% | 43.93% |
| Overall | 67.37% | 32.63% |
As you can see, 32.63 percent of all our cases across all matter types did not reach a final determination — with workers’ compensation having the highest no-final determination rate at 43.93 percent.
In contrast, CPP disability has the lowest rate of cases that did not reach a final determination at 17.52 percent.
Percentage of claims that were settled vs. approved
At Resolute Legal, we focus on getting the best result for the client. The best result is often a claim approval rather than a settlement.
Why? A lawsuit or settlement isn’t always the right approach for everyone. In some cases, a claim approval or pre-lawsuit appeal is more aligned with a client’s goals and may actually be more effective. For that reason, we never pressure clients to file a lawsuit, and we will always select a strategy that works best for a client and their objectives.
What’s the difference between a claim approval and a settlement?
- Claim approval: The benefits provider agrees to approve the claim, pay back any benefits owed, and make monthly payments going forward.
- Lump-sum settlement: The benefits provider agrees to make a one-time payment in exchange for the client giving up some (or all) of their rights under the insurance policy or disability plan.
The following is a breakdown of the percentage of our won cases that received a claim approval vs. a lump-sum settlement (compromise financial settlement):
| Matter type | Percentage of won matters that received a claim approval | Percentage of won matters that received a lump-sum settlement |
|---|---|---|
| CPP Disability | 100% | 0% |
| Disability Insurance | 25.48% | 74.52% |
| Disability Tax Credit | 100% | 0% |
| Workers’ Compensation | 100% | 0% |
The data above illustrates that 100 percent of the won CPP disability, DTC, and Workers’ Compensation matters received a claim approval. While only 25.48 percent of disability insurance cases received a claim approval, and the other 72.52 percent received a lump-sum settlement.
Why is this? Government disability benefit providers such as CPP disability and the DTC don’t offer lump-sum settlements. Workers’ compensation will only offer lump-sum settlements in rare cases. So, the government disability programs are all-or-nothing situations where you are either approved or denied—there is no in-between.
In contrast, insurers have the ability to manage risk by paying out a portion of the claim. So, in many cases, they will offer a lump-sum settlement. Going to court is an all-or-nothing situation. You will either get approved for benefits (and get all of them), or you will get denied, get no benefits, and have to pay the other side’s legal fees. So, when there is a risk of losing (and there always is), it can make sense to reach a settlement with the insurance company.
The amount of the settlement is in proportion to the insurance company’s assessment of the risk. This is because they are the ones paying the money. If they view you as having a low chance of success, then they will offer a low lump-sum settlement. The greater they view your chances of winning, the more they will pay. However, once you reach the limit of what they will pay, your choice is to reach a settlement or go to trial and take your chances of winning or losing.
Key takeaways
So, what does this all mean? While a success rate is a great statistic to consider when hiring a lawyer, you should always take it with a grain of salt. As discussed throughout this article, success can be measured in a variety of ways. We measure success by analyzing cases that reached a final determination, excluding those where no final determination was achieved.
However, not every case we have “won” based on our methodology has achieved our client’s desired outcome. For example, a client may negotiate a lump-sum settlement of $500,000, but ideally, they wanted $800,000. Based on our methodology this is still a win even though the client didn’t get the amount they were hoping for.
Another important thing to consider is that just because a lawyer has a high success rate does NOT mean they will win your case. Past results are not necessarily indicative of future results, and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
In addition, you should be careful to compare a lawyer’s success rate to others. The first reason for this is that different lawyers can have different definitions of success, meaning they could measure success in an opposing fashion.
Furthermore, law firms can have different thresholds of risk. For example, one firm may take on riskier cases while another only takes on those it knows it can win. The firm that takes on riskier cases may have a lower success rate than the one that only takes cases it knows it can win. However, that doesn’t necessarily mean it isn’t as skilled. It merely means it is more willing to take risks.
We hope this article has answered all your questions about our success rate. More importantly, we hope it has provided you with more information on why a success rate is not the sole metric you should rely on when hiring a lawyer or advocate.
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