Finding Deeper Meaning in Litigation

Lawyers Who Launch

Through our podcast, website, and social media we have been thinking a lot about the law and being lawyers. It is so easy to get caught up in the day to day grind of being a lawyer that often you cannot see the forest for the trees. This week we decided to zoom out a bit and look for a deeper meaning in litigation.

So much about the way we think about the law centers around the drama of the courtroom and that is where litigators practice. Civil law and civil litigation is deeply rooted in our society. To quote a classic movie “litigators are the scariest kinds of lawyers.” (Hopefully you know this, but if you do not this is from Clueless.")

Litigators are often portrayed as sharks or villains in the media. And sometimes on the other side they are portrayed as fighting for the underdog. But no matter the portrayal - it is usually fighting. Although a relatively small percentage of Haley’s time is spent actually fighting or advocating for her client’s position, the other time is so often spent preparing for the fight that it feels like the fight is the only thing sometimes. But this week, we are going to look deeper into three common aspects of litigation from a different perspective. We are going to explore the purpose behind them as well as their practical function.

Court rules offer so many things, they offer the ground rules and boundaries for all parties involved. They provide the framework by which we as attorneys make decisions. They also provide a framework for discussions with your client. You can lean on the court rules and give you client scenarios - if this, then that.

Briefs represent a format to simply be heard. Whether you are pro se, or if you have an attorney representing you, a legal brief is an opportunity to be heard. This actually can be found in many places other than briefs, depositions and of course trial. People want their day in court. But, why is that? It is fairly basic - they want to be heard.

Having the opportunity to be heard is powerful. Even if the ultimate outcome is not exactly what the client (or their attorney) hopes it will be.

Mediation is a non-binding process where the parties negotiate through the help of a neutral third party. Mediation gives the parties and their counsel the opportunity to maintain control over their future by negotiating a settlement that all parties agree on. To come to an agreement, both parties have to give up something. If you are engaged in mediation, you may not get everything you want, but you get to decide what you will and will not give up. You get to remain in control.

We would love to hear what you think! Reach out on Instagram, LinkedIn, or via email.

Have a great day!

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Nothing contained within this podcast is intended or should be construed to be legal advice and does not create any attorney client relationship. P

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Nothing contained within this podcast is intended or should be construed to be legal advice and does not create any attorney client relationship. Your jurisdiction will have rules of professional conduct that you must follow. This discussion does not focus on the any such rules, including the rules from the jurisdiction where we practice.