The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their arguments or the arguments of their adversary. Costs and gains have to be balanced in light of this uncertainty in order to identify the most convenient strategies. This paper provides a probabilistic approach embedded into an argumentation framework to capture this uncertainty and its use to determine the expected utility to engage in a legal dispute. Keywords. Argumentation, probability, expected utility.