An Unrealistic Portrayal of Litigation

Generally speaking, television shows and movies provide a fairly unrealistic portrayal of litigation and what happens during the trial of an action.  It is quite common to hear from clients who have been through their first trial experience that they were surprised at how different it turned out to be compared to media portrayals.

The first difference is that typically litigation proceeds for a long period of time, usually at least a couple of years, before it is resolved.  Television sometimes portrays technology disputes arising, and a trial occurring and being resolved within an hour. This does not prepare people for the reality that the average dispute typically takes at least 1-3 years to resolve. Now, there are some disputes that resolve promptly.  In my experience, in about a quarter of the cases a party is in such a weak position that it tends to settle very promptly.  Or, alternatively, a party will take steps to “resolve” the dispute such that it is not necessary to continue formal legal proceedings.

Another significant difference compared to television and movies is that a great deal of litigation revolves around documents and experts.  The lawyers will take time to gather and understand dozens, hundreds or even thousands of documents.  Many of these will be disclosed to the opposing party or submitted in various ways to the Courts.  Even when the final judgment written by the judge only references a handful of materials, it is often the case the judge has reviewed ten or a hundred times many documents. Further, many complex pieces of litigation are expert-driven and rely on the opinions and analysis of experts, such as physicians, engineers and accountants.  Preparation of expert reports, as well as responding to expert reports and preparing cross-examination of experts is a vital part of a great deal of complex litigation.

Some people are surprised to learn that there is rarely a “Perry Mason” moment during a trial or examination.  Similarly, at no point does a witness being cross-examined turn to the lawyer examining them and say “The truth? You can’t handle the truth!” It is rare for someone who is being cross-examined to totally change their story, admit their fault or guilt and provide their opponent with a ready victory.  Another aspect of litigation that often surprises people is that it is not just about telling your story.  Although in many types of litigation there will be an opportunity for a person to provide their view of events and their perspectives on what happened, there are typically many issues and facts besides that that need to be addressed.  As well, because it often takes a number of years to get to trial, parties are sometimes frustrated by how long it takes them to get their opportunity to tell their story.