|
Written by Stacey Scorza
|
|
Wednesday, 19 December 2007 09:22 |
So you want to be a litigator? That’s great. You’ve chosen a mentally and physically exhausting yet rewarding legal path. However, you should realize that it’s not exactly what the public conception has pegged it to be. Below I have outlined the most common myth v. fact scenarios in the life of a litigator.
1. As Seen on T.V.: MYTH. Let’s face it, the dramatic courtroom dramas and intense investigative work on TV. legal shows like Law and Order make the life of a criminal litigator look really cool, right? Well, as usual, TV. land and reality are two different worlds. The intense surprise witness scene does not occur in reality. Nor are the courtrooms always packed with spectators. It can still be intense, just not so dramatic.
2. Excitement at all times: MYTH. It may be hard for you to believe, but litigators are not always in the center of the action. Trials can be intense, but think about all the time spent before trial. Depending on the state, a case may be in suit for several years before going to trial, that is IF it makes it to trial. During that time counsel on each side conducts discovery which can at times be boring. Once a subpoena is issued for documents it’s a case of waiting for the paperwork to be processed, and further time waiting for the documents to arrive. Most written discovery requests are answered in 30-45 days.
3. Juries hang on your every word: MYTH. Ok, maybe not entirely a myth, but think about the last jury you sat on. Were you bored? Did you keep looking at your watch? Were you really more excited that you weren’t sitting in your office checking e-mail rather than participating in our great legal system?! Litigators want jurors to pay attention to subtleties and to catch every piece of information they enter in evident, but realistically you cannot expect it to happen. As a litigator, you will have to work to engage the jury. It is a skill that only experience will help perfect.
4. Every day is a battle: DEPENDS. You will encounter difficult lawyers. I label them difficult because as you practice you will encounter attorneys who make everything difficult. Some lawyers may seem to lose sight of the fact that they can be civil to opposing counsel and be a staunch advocate for their client simultaneously. But on the other hand, you will deal with reasonable attorneys who can separate the two and with whom you will actually enjoy working “against.” So for those of you who fear entering the world of litigation because you envision it as a constant battle of the lawyers it is not exactly true. Just go to any courtroom and watch a jury trial or sit in on a motion hearing session and you will notice that it’s not all an us vs. them mentality between plaintiff and defense counsel.
5. Fast paced practice: FACT. I’m not going to lie to you. If you do not work well with deadlines or if you cannot think quickly on your feet, then you should probably think twice about becoming a litigator. On the other hand, if you thrive in a fast paced environment where every day brings new challenges and new obstacles, then it may be just what the doctor ordered. I have been working as a paralegal in a defense litigation firm for over five years and am about to start my career as an attorney in a plaintiff’s litigation firm. I am naturally a highly organized, deadline driven person, therefore, I can focus on practicing law without stressing too much about deadlines. Not to say you cannot learn to adjust, but it helps if you have nurtured those skills already.
6. Most cases go to trial: MYTH. Most cases actually settle or are resolved by way of mediation, arbitration, or some other form of alternative dispute resolution. Juries are unpredictable. Often the certainty of an actual settlement offer rather than a guess at what a jury may award is safer for the aggrieved party. Sometimes parties just get tired of battling and choose to accept an offer to have the case just go away. There are firms who take most cases to trial, but my guess is that they are highly selective in the cases that they accept. If you want to be in trial all the time a sure fire way to do that is to work in a district attorney’s office. You will handle more trials than you know what to do with in that environment.
As you can see, the life of a litigator is quite different from the common stereotypes. However, it is a very rewarding and challenging career path that I highly recommend!
|
