If you only knew what can happen in the life of a typical trust or will lawsuit—or civil lawsuit for that matter.  Bismark famously said that “Laws are like sausages, it is better not to see them being made.”  Add litigation to that list. 

But then again, every case is different.  Where some cases seem to proceed to trial quickly (by “quickly” I mean within a year or two), others dwell in the Court process for years and then seem to fade away or go to trial.  Either way, the financial and emotional costs of these cases can be substantial.

To provide some perspective on the life-cycle of a litigation matter, we have developed a “What to Expect” series of handouts for our clients and we have shared them on this blog before.  I now want to share them again because it is critically important for people to understand what to expect in litigation (see handouts here). 

Litigation moves at a snail’s pace.  It has many twists and turns and unexpected surprises along the way.  And the Court gives out what seems like an endless number of continuances when requested by one of the parties.  Of course, our system is built around the notion of Due Process of Law.  Due process is meant to ensure that everyone is treated equally and fairly and that each party has an opportunity to be heard.  But it can be frustrating to experience due process—and expensive too. 

As my partner is fond of saying “Litigation is a marathon, not a sprint.”  A marathon requires a slow steady pace designed to allow a runner to maintain a jog over long distances; as opposed to a quick sprint where you run as fast as you can for a short distance.  However, in litigation, where matters are stressful and potentially costly, most people would like to end the matter as quickly as possible.  I understand that sentiment and desire completely.  Unfortunately, I cannot end a case any sooner than the process will allow.

And so we trod along.  But we do so with our client’s purpose in mind.  We are here to help and to fight for justice and fairness.  As long as that is our goal, we have a great chance at reaching it…eventually.