I can’t say it any better so I will simply qoute the Greatest American Lawyer:
One of the hazards of our profession is more subtle. Many lawyers are so desensitized by the fact that they have to take “positions” in court on behalf of their clients that they forget to determine whether those positions are in fact reasonable. We have all been there. You end up in case and the facts go sideways. You have to protect your client’s interest in court and you take a position. The judge rules against you, you lose and go on with your life. But I think many lawyers are so accustomed to taking unreasonable positions on behalf of their clients that they start taking unreasonable positions in life as well. And then, of course, there are those lawyers who could take reasonable positions, but have no ability to determine what is in fact reasonable. Their ability to sort good arguments from bad arguments is compromised by the fact that they get paid by the hour either way. There is no incentive for good strategy in a traditional hourly billing setting.