Litigation from the Litigant’s Perspective

Newsletter From An Attorney

Considering you’re receiving a newsletter from an attorney, or a litigator, that means that either you or someone close to you may at some point be involved in a case against a company or an individual. Whether you bring the case or are being sued, litigation brings with it a lot of stress. Much of this stress comes from the unknown. That can mean the cost and the toll that being deposed brings or having to answer discovery requests about facts that are painful and can reopen the wounds that brought you to this point.  

How being involved in litigation starts

Typically, being involved in litigation means that one party files a complaint in court to start the process. The opposing party will then either file a motion to dismiss or give an answer, addressing each of the paragraphs with general denials. Either of these options are a part of the course and should not concern you. 

Discovery

The next phase of the case is called discovery. You will have to answer written questions, provide documents, and be deposed. Your attorney will guide you through this process but you are the one in the “hot seat.” By this point, you are likely feeling a peak of stress, especially as you begin preparations for your deposition. Your fear factor is probably off the charts, being deposed is no walk in the park. Not to mention the opposing counsel’s job is to scare and intimidate you. Your deposition may last over 8 hours and can continue for several days. Different attorneys bring different deposition styles but you know that you may be grilled and made to feel insecure and unsure about your facts. It’s at this point that you must remember the reasons that you started down this road in the first place.  Stay focused and don’t get lost in the litigation tactics. Your attorney knows these tricks and will guide you through them but you must stay strong and resolute.

Channel your energy

Find a way to channel your energy where you need it, to get through your case.  Some find focused breathing or meditation works. For me, an empowering playlist does the trick. Here is mine, maybe it will bring you some energy and encouragement or just a fun dance party!

The Bottomline:  Litigation is difficult but you can handle it. Just stay focused and committed. Remember that you are not in it alone and that, while you are the star of the show, your attorney stands by your side to guide you through.