Most people think of the litigation process is like what they see on tv-all court room drama and arguments before the jury- when in fact that is a rare occurrence. The litigation process is slow and the system is overloaded so most cases never go to trial-there are just way too many of them and the pressure to settle is great, both in civil and criminal cases. Trials are to be avoided if at all possible and very rare overall.
As soon as your case is filed it is tracked with its age in days since it was filed. When a judge sees a case getting “old” a year or more, there is increasing pressure to settle. that’s why the words a judge most wants to hear are “it’s settled”. So before that happens you will have to go through “Discovery” to find out what the other side’s case is.
Discovery refers to depositions, interrogatories and document production. This is supposed to lead to-a settlement, but far too often attorneys use discovery to wear the other side down by driving up their cost of continuing the case. This is another factor leading to settlements, the high cost of litigation.
As mentioned in an earlier video, there is also arbitration and mediation, sometimes called for by agreement, other times by court rules or encouragement. anything to get the case settled so it does not have to be heard by a judge.
Knowing how the system works and how to best avoid getting bogged down in fruitless discovery and motion battles is key to getting the results you are looking for. If you have a litigation matter you’d like to discuss, please contact me, Frank Montero and we’ll see if we can solve your problem together.
