The first thing clients should understand is that litigation can be extremely stressful. Clients often find themselves in uncomfortable situations, discussing sensitive topics with opposing counsel and potentially in a courtroom if the case doesn’t settle. They must be prepared to face this discomfort.

Litigation is also notoriously inefficient, whether in state or federal court. Clients should expect delays, as litigation and delays often go hand in hand, leading to significant frustration.

Additionally, litigation is expensive in two main ways: legal fees and associated costs, such as hiring expert witnesses, who can sometimes be more expensive than the attorneys themselves. Beyond monetary costs, there is also the time investment required from the client and their team, particularly for businesses. They need to devote substantial time to providing all relevant information, including documents, records, and emails, which can be very time-consuming and often occurs under tight deadlines.

For plaintiffs considering litigation, it’s crucial to understand the commitment required. If a client isn’t fully prepared to engage thoroughly and see the case through, pursuing litigation might be a waste of time and money. It’s better to avoid it altogether unless they can commit fully. On the other hand, defendants, who don’t have the choice of whether to litigate, may need to focus on finding ways to settle if they cannot commit to the demands of litigation.

Collaboration is key; clients and their representatives need to work closely with their lawyers. Trust between the client and the lawyer is essential, especially since there may be instances when clients don’t fully understand or agree with what’s happening. Open and candid conversations help in addressing any concerns and ensuring a unified approach.

Being realistic about goals is another critical aspect. Clients should work with their lawyers to set achievable targets, understanding that their personal sense of fairness may not align with legal realities. Lawyers can help clients determine what is feasible and what is not, encouraging a focus on practical outcomes rather than emotional responses.

Clients should also be open to settlement. Settlement is not a sign of defeat but rather a strategic decision to avoid the uncertainty and ongoing costs of litigation. A responsible settlement means making concessions based on a rational analysis of the costs and risks involved in continuing the fight compared to the certainty that a settlement can provide. If, after careful consideration, the settlement does not seem like the right option, clients should not feel pressured to accept it and can proceed with the litigation.

Finally, clients must be prepared for the unpleasant nature of litigation. Many parts of the process are inherently stressful and designed to be challenging. It’s important to expect and brace for this, as nearly everyone who has gone through litigation will affirm that it can be an uncomfortable experience at times.