Do not ever believe that litigation will be easy. This holds true no matter how good your case or just the cause. However good your case, the lawyers on the other side will find every blemish, every mistake and will develop a model of the facts and law in which you lose. Your lawyer will of course fight for you, and he or she will develop a model of the facts and law in which you win. If you don’t settle, a decision maker will compare the two and decide between them. But, no matter what, plan for more than a year of intense conflict, intense discovery demands on your time, depression of your mood, and the expenditure of a lot of money.
Maybe it is not surprising that litigation is so intellectually violent. Before courts became the normal route for resolving disputes, actual personal battle between knights was a typical way of deciding disputes. The system we use for to dispute resolution replaces that physical violence with the all out war that is modern litigation.
The next posts will discuss the nature and procedure of civil litigation. But always remember that at its core litigation is a battle between advocates.
About Foundation In Law
Over a long career as a practicing attorney, Frank Hammond came to realize many prospective legal clients do not know much about lawyering and lawyers – how they work, how fees are set, and how to deal with them. Beginning attorneys also often have little notion of what actual practice involves. This blog is meant to be a guide for both.
Disclaimer: The Foundation in Law blog is not intended to provide legal advice, and no attorney-client relationship will arise as a result of interacting with this blog. You are advised to consult with your own attorney regarding legal questions. The opinions expressed in this blog are those of the author alone. The author is licensed only to practice in the State of Oregon.