Slow down.

Like a lot of others, I love crime and law procedurals. My favorites include: The Good Wife, Suits, Law & Order: Organized Crime, and more.

But, those shows--and the every day legal dramas playing out on the news and social media as of late--give our society many false expectations of the legal system, including civil litigation.

This is a modern reason why managing client expectations--from the jump--is critical.

First: few things happen fast in litigation. Why?

🐢 Courts are overwhelmed;

🐢 Getting the facts straight cannot be done in a flurry;

🐢 Obtaining additional facts (discovery) takes time (lots of it);

🐢 Unreasonable opposing counsel or non-responsive parties slow the flow.

It is important to explain this to clients right out the gate. I like to do it with an air of understanding. The slowness frustrates us all.

Second: few things can be dropped on the other side as a surprise or sneak attack.

💣 Rushing to the courthouse is rare these days.

💣 Although it can be done, there's value in pre-lawsuit negotiations.

💣 Sometimes being the aggressor works and is required.

💣 Most times, being able to show the Court you've worked hard to settle the whole thing or parts of it works wonders and creates leverage in the long run.

For this, it is about managing client emotions. Here, too, I like to come at it with empathy and understanding--validating the feelings wherever possible. We're here to help and protect your interests, so build that trust at each step.

Third: there is a cost to everything.

💸 Rushing to file your lawsuit might be less costly upfront.

💸 But, it can create more costs later, as a more thought-through strategy comes together and new facts come to light.

We cannot skip over these discussions. No client likes a costly surprise--let alone one that could have been avoided with a little more time up front.

Some tips for both clients and attorneys as litigation and emotions bubble up:

⌚ Be patient.

⌚ Be organized.

⌚ Be honest.

⌚ Understand the process.

⌚ Consider alternatives.

Client expectations are a two-way street.

Litigants should have some patience, gather all the information they have, share openly with counsel, and be willing to learn about the process and alternatives.

Attorneys, too, should cultivate patience, organize information and identify gaps, be candid with clients about the realities of civil procedure, and know the process (or how to find the answers) and what alternatives exist.

Although TV lawyers solves cases in 42 minutes (or one day or one week), real-life lawyers know that it is a long haul.

My job is to guide clients through the maze of civil litigation--with empathy, candor, and zealous advocacy. A good attorney is like a good GPS. We help navigate the twists and turns, even if the trip takes longer than expected.

💼🚗

#emilylitigates #professionalwomen #biglaw