Patience is essential in litigation, since much of the process involves waiting. That’s why litigation fatigue should factor into how you decide to handle your legal matter. Long delays and combative opposing counsel can wear down your resolve, especially when the case is still disrupting your life, and possibly your family’s, years after the events that started it.
Now that you understand the litigation process itself, here’s how it can affect you personally at each stage:
- The filing stage: This involves researching attorneys in your area that have experience in the legal issues you have. Once you hire an attorney, there will be meetings and phone calls to discuss the case, the legal claims and background information. When the petition is drafted, you will need to review it for accuracy and sign the final version.
- The discovery stage: This stage is generally where the litigation fatigue starts to creep in. Plaintiffs have a lot to do during this stage. Besides answering questions from the defendant and providing relevant documents to your attorney, you will also have meetings and attend depositions, all of which are done during normal business hours. This means it could involve taking time off work, interrupting plans, and shuffling your schedule around to accommodate when your attorney may need information or documents from you.
There are also more personal considerations for a plaintiff during this phase. Discovery allows each side to learn as much as possible about the other, not just about the claims themselves. Many people don’t realize how broad the discovery rules are. Information doesn’t have to be admissible at trial to be discoverable, so the opposing attorney can ask about something in a deposition, or request a document, even if it will never be used as evidence. In practice, this can mean answering questions about personal, sensitive, or embarrassing matters; producing financial, medical, or phone records and text messages; and turning over data from social media accounts you use.
- The pre-trial stage: This stage is generally just work for your attorney, unless you agree to attend mediation. While mediation does not require the type of preparation as trial, you still may need to meet with your attorney prior to attending and then should plan to block off an entire day for the mediation itself. This is also the stage where the attorneys will begin preparing and filing their dispositive motions.
- The trial stage: If your matter goes to trial, this stage will obviously be the most time consuming and emotionally draining. First, preparation will start approximately a month before your trial date. You will meet with your attorney multiple times to go over your testimony, discuss potential witnesses, review evidence and plan strategy. During the trial, you will obviously need to be in court every day but then must also be available to meet with your attorneys after court to prepare for the next day. While your nights might not be long or always involve meetings, you will still need to be available to answer questions your attorney may have while they are preparing. A trial is very fluid, and strategies can change depending on rulings from the judge or how evidence is presented, so your attorney will be working basically nonstop during trial. Also, if you have family or friends who gave depositions or were listed as witnesses, they can be called to testify. Your attorney might also want some of your family to attend certain parts of the trial to show support.
- The post-trial stage: This is the final hurry-up-and-wait portion of litigation. Appeals often take a year and a half to two years to resolve. If you won at trial, this stage is usually less stressful for a plaintiff: your attorney handles the work, interest typically accrues on any money you were awarded, and most jury verdicts are upheld on appeal. If you lost, however, this stage can be agonizing. It may also be the end of the road if your attorney, or an appellate attorney (a lawyer who specializes in appeals), doesn’t believe there are strong issues to raise on appeal. And if the jury’s verdict is reversed, the case may be sent back for a new trial, meaning you return to the trial stage and begin preparing all over again.
For employees considering reporting misconduct or unlawful activity in the workplace, the decision to pursue legal action can bring additional personal and professional challenges. A St. Louis, MO whistleblower lawyer can help individuals understand their legal protections, evaluate potential claims, and navigate the litigation process while addressing concerns about retaliation. If you believe you have witnessed wrongdoing at work, contact TGH Litigation to discuss your situation and learn what legal options may be available.