Litigation | The Challenges

Title: Unpacking the Challenges Inherent in the Litigation Process

The litigation process is a fundamental aspect of the legal system designed to resolve disputes between parties. However, navigating the intricacies of litigation can be a daunting endeavor, fraught with numerous challenges. Understanding these hurdles is essential for those involved in any legal dispute, be it individuals, businesses, or legal practitioners. In this blog post, we will explore some of the key challenges inherent in the litigation process.

1. Complexity of Legal Procedures

One of the most significant challenges in litigation is the complexity of legal procedures. The legal system is governed by a multitude of rules, regulations, and laws that vary by jurisdiction. From filing a complaint to the discovery phase, and ultimately to trial, each stage requires a thorough understanding of legal concepts and procedural norms. For individuals unfamiliar with the law, these complexities can be overwhelming, often necessitating the hiring of legal experts which adds to the cost of litigation.

2. Discovery Challenges

The discovery phase of litigation is critical, as it involves both parties gathering evidence to support their claims or defenses. However, this phase is not devoid of challenges. It can be time-consuming and contentious, with parties often engaging in disputes over the scope of discovery. Additionally, the emergence of digital evidence has introduced new complications, such as the management and preservation of electronic records which can lead to further delays and costs.

3. Financial Considerations

Litigation can be an expensive undertaking. Costs typically accumulate from attorney fees, court fees, and expenses related to expert witness testimony and other essential resources. For many, the financial strain of pursuing or defending against a lawsuit can act as a deterrent, prompting parties to consider alternative dispute resolution methods such as mediation or arbitration.

Moreover, the unpredictability of litigation outcomes can make financial planning particularly challenging. In New Brunswick, the losing party can be ordered by the court to pay some, or even all, of the other side’s legal expenses. This significant financial risk has caused at least one judge to comment that litigation has become the ‘sport of kings’.

4. Time Consumption

The litigation process is notoriously slow, often taking months or even years to reach a resolution. Delays can stem from numerous factors, such as court backlogs, motion practice, or unforeseen complications that arise during the case. This lengthy timeline can lead to frustration for the parties involved, as well as a strain on personal and business relationships. The uncertainty of when a resolution may occur and the accumulation of legal expenses can add a layer of stress to an already challenging situation. Some people do not handle stress well and, accordingly, alternative dispute resolution measures such as mediation or arbitration ought to be considered.

5. Emotional Toll

In addition to the financial and time-related challenges, litigation can take a significant emotional toll on the parties involved. The adversarial nature of litigation often heightens tensions, leading to increased anxiety, frustration, and even hostility between parties. For individuals, these emotions can be exacerbated by the personal stakes associated with the outcome of the case, whether it pertains to family matters, business dealings, or personal injuries.

6. Uncertainty of Outcomes

Finally, one of the most daunting challenges of litigation is the inherent uncertainty regarding outcomes. An experienced trial lawyer can give an opinion on the outcome but, even with a strong case, there are no guarantees. Court rulings can be unpredictable, depending on the facts, evidence presented, and the judge or jury’s interpretation. This uncertainty can impact decision-making and strategy, as parties weigh the potential benefits of pursuing litigation against the risks of an unfavorable outcome.

The litigation process is fraught with challenges that can complicate the pursuit of justice. From navigating complex legal procedures and managing financial implications to coping with emotional stress and the uncertainty of outcomes, parties involved in litigation must prepare for a multifaceted journey. I have often told clients that litigation is like a game of high-stakes poker. Accordingly, engagement in court action can be extremely difficult for the faint-of-heart. For many, understanding these challenges can aid in making informed decisions about how to approach their legal issues, whether through litigation or alternative dispute resolution methods. Ultimately, being aware of the potential pitfalls of the litigation process empowers individuals and businesses to approach their legal disputes with greater clarity and preparation.

Grant Edward Rayner B.Comm., LL.B.

Are you facing legal issues that may require court action? If so, call my office for a no-obligation consultation 506-497-2560 or my direct line at 506-496-5872. Email: grant@langdonlaw.ca

Consultations can be in person at any of our offices in Florenceville-Bristol, Hartland or Woodstock or, if you prefer, a virtual consultation via video teleconference can be arranged.