2 answers
Mia
Student
Joliet, Illinois
3
Questions
Asked
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what steps do you go through before you can present a case?
this question was asked because i watch alot of movies with lawyers an it seems like they all start off great i want to know the real deal #real #lawyer #successful
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2 answers
Desiree Giler Mann
Attorney
166
Answers
New York, New York
Updated
Desiree’s Answer
The first thing I'd say about the movie version of litigation (presenting cases before a judge and/or jury) versus the reality is that the movie time line is way off.
In movies, something happens one week and the next week they are in court having a trial... But IRL, it can take months (years!) of reviewing documents, taking depositions, qualifying experts, etc before you have your "day in court." And even after your court "victory", it can be challenged in appeals, which can take more months/years. In some cases, preliminary steps will happen quickly - like in a criminal case, they try to have bail hearings as soon as possible so that defendants who could be released are not confined longer than necessary. In civil cases, one might seek an injunction very early to prevent irreparable damage (for instance, to stop the release of movie where actors and producers are litigating over contract matters). However, those are preliminary steps and not the real case itself. Most cases take a lot longer than Hollywood would have you believe! Also, many Hollywood trials make is seem like one attorney handles every step end to end, by themselves or with a small team. In reality there are often many more people supporting the "trial attorney"who is the face of the trial before the court/jury/judge - from paralegals, to experts, to junior attorneys, to jury consultants, to investigators, to forensic accountants, and so on. As a rule of thumb, the bigger the trial (or the bigger the client's budget), the more players involved.
Roughly, I'd suggest you could consider the following steps (I'm sure others might have additional steps or further sub-divide my steps, but this will get the discussion rolling!):
-fact gathering/investigation
-settlement negotiations (can you reach an agreement BEFORE going to trial?)
-pleadings/filing the case
-motions (filing to have the case dismissed, disqualify experts, compelling discovery, etc.)
-discovery (each party seeks documents/evidence from the other, each party takes depositions from people with key information - like witnesses, experts, even the parties to the lawsuit themselves; subpoenas may be used to compel testimony from parties who are not keen to provide documents, be deposed or offer testimony)
-settlement conference/mediation (judges will often require parties to make one last good faith effort to settle before taking the matter to trial)
-jury selection (if it is to be a jury trial, some cases are heard before a judge only -- which you rarely see in movies!)
-trial (which may be divide into sections by the judge; in cases with multiple plaintiffs with similar causes of action, one case will go first while the others wait for it to go thru the process and set precedent -- so called "bell weather" cases)
-verdict (what the judge/jury finds/rules/decides)
-criminal sentencing (what, if any, sentence or compensations is appropriate)
-appeals (where you ask another judge or panel of judges to review the case again, hoping for a different outcome; the first appeal can also be appealed again)
-collection of a judgment (once all appeals are exhausted)
I'd note that not all of this is linear: that some things happen concurrently, and some things can happen at any time in the process (e.g., filing motions, settling). Also there are differences between civil and criminal court, some of which I've tried to call out in the list above.
In movies, something happens one week and the next week they are in court having a trial... But IRL, it can take months (years!) of reviewing documents, taking depositions, qualifying experts, etc before you have your "day in court." And even after your court "victory", it can be challenged in appeals, which can take more months/years. In some cases, preliminary steps will happen quickly - like in a criminal case, they try to have bail hearings as soon as possible so that defendants who could be released are not confined longer than necessary. In civil cases, one might seek an injunction very early to prevent irreparable damage (for instance, to stop the release of movie where actors and producers are litigating over contract matters). However, those are preliminary steps and not the real case itself. Most cases take a lot longer than Hollywood would have you believe! Also, many Hollywood trials make is seem like one attorney handles every step end to end, by themselves or with a small team. In reality there are often many more people supporting the "trial attorney"who is the face of the trial before the court/jury/judge - from paralegals, to experts, to junior attorneys, to jury consultants, to investigators, to forensic accountants, and so on. As a rule of thumb, the bigger the trial (or the bigger the client's budget), the more players involved.
Roughly, I'd suggest you could consider the following steps (I'm sure others might have additional steps or further sub-divide my steps, but this will get the discussion rolling!):
-fact gathering/investigation
-settlement negotiations (can you reach an agreement BEFORE going to trial?)
-pleadings/filing the case
-motions (filing to have the case dismissed, disqualify experts, compelling discovery, etc.)
-discovery (each party seeks documents/evidence from the other, each party takes depositions from people with key information - like witnesses, experts, even the parties to the lawsuit themselves; subpoenas may be used to compel testimony from parties who are not keen to provide documents, be deposed or offer testimony)
-settlement conference/mediation (judges will often require parties to make one last good faith effort to settle before taking the matter to trial)
-jury selection (if it is to be a jury trial, some cases are heard before a judge only -- which you rarely see in movies!)
-trial (which may be divide into sections by the judge; in cases with multiple plaintiffs with similar causes of action, one case will go first while the others wait for it to go thru the process and set precedent -- so called "bell weather" cases)
-verdict (what the judge/jury finds/rules/decides)
-criminal sentencing (what, if any, sentence or compensations is appropriate)
-appeals (where you ask another judge or panel of judges to review the case again, hoping for a different outcome; the first appeal can also be appealed again)
-collection of a judgment (once all appeals are exhausted)
I'd note that not all of this is linear: that some things happen concurrently, and some things can happen at any time in the process (e.g., filing motions, settling). Also there are differences between civil and criminal court, some of which I've tried to call out in the list above.
Cristian Lozano
Legal Manager
4
Answers
Bogotá, Colombia
Updated
Cristian’s Answer
It seems that reality vs movies in this case can be quite different. As lawyers you will also have to focus on different tasks at the same time. Of course we fly, investigate, read, discuss with clients, go to meetings, and we have to be prepared for all of that. But that, takes time and it is not usually resolved in weeks, but months or years. If you are passionate in a case, you will take the time to do all the efforts to do it.
Regards,
Cristian!
Regards,
Cristian!