TV v. Reality

Often people ask me what I do all day, or someone asks me how to avoid jury duty, get out of a ticket, etc... They want to know what its like to be in the courtroom and make deals with prosecutors. I smile, with a sly little smirk and say wow, TV has taken over.

Yes, I'm a lawyer, no I'm not the kind you see on Law & Order, CSI, Drop Dead Diva, or Harry's Law. First of all, I do civil litigation, not criminal work. I do not deal with prosecutors, police, or medical examiners. Second, trials in civil land take a long time, and most do not end up in trial anyway. TV has blurred reality for so many. People get frustrated when the judicial system does not run as quickly as they see on TV. Cases are not disposed of in a week, they drag on for months, and often years.

For example, in complex litigation an "injury" may happen in 2007 and here we are in 2012 just now taking depositions. Or, someone may wait and file suit 2 years after the supposed injury, so that makes the case seem light years removed from the incident. People do not see what really goes on.

It takes time in civil cases to gather information (evidence) through "discovery."  Imagine mountains of papers, files, CDs of info, pictures, or imagine getting a response in which some lawyer uses really big words to  pretty much say we're not going to play nice will drag this out. ARGHHH. There are litigation holds, and banter about what is or is not "responsive" to a request. It can be like a giant game of hide and seek!

Thus the march to the courthouse ensues. Much of what civil attorneys do is writing motions in which they complain about things such as the oppsing counsel who refuses to play nice. So, if you walk into a courthouse, its probably not a trial you see, but a hearing. Its judge, no jury, and attorneys duking it out over paper. Crazy you think, well these hearings can make the difference in a case. Whether or not certain evidence will be allowed in or out can drastically impact the stage set at trial.

Then it takes time to schedule depositions, which may lead to more discovery to get more evidence.  Complex cases are governed by scheduling orders from the judge that lays out exactly when different stages of the suit are to begin and end. But just because there is a "schedule" does not mean that things do not make this schedule change. Lawyers need continuances for numerous reasons stemming from personal things to awaiting discovery from third parties who are not within the court's jurisdiction. Thus, the trial scheduled for next week, ends up being put off for 6 months.

Then you have the illustrious lawyer who puts things off just to draw it out. They rack up fees for seemingly minuscule tasks, and we wonder why lawyers have a bad name. Yes, TV has killed reality of the legal world. Now, I can only speak for civil cases, but even criminal cases take time. Remember this next time you get upset with your lawyer for things "taking too long." The legal process is not necessarily a fast moving sports car, but rather a steady moving locomotive.

Oh, and FYI & BTW, most lawyers will never be in the courtroom or be first-chair in a trial (let alone walk into Congress demanding a law be signed). The only reason I've stepped in the courtroom is to watch. A girl can dream though! ~The Illegal Blonde