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The Emotional Side of Litigation
09/ 27/ 2005

by Laura Lee

Civil litigation may not have the reputation for drama of criminal cases, but to the person being sued, it is a life or death struggle. Someone is fighting to keep his business open, to preserve her professional reputation, even to maintain relationships with children and family members. There are very few cases in which the stakes and passions are not tremendously high.

Unless you have a legal degree, other people, lawyers and judges, will be in control of a process you do not fully understand. Although it is your life, your opinion will be only a small part of the lawyers’ decisions—even your own lawyer’s. 

Loss of control and the financial strains of litigation can lead to anger, depression, anxiety, illness, insomnia, relationship conflicts and even thoughts of suicide.

Expect to experience frustrating periods in which nothing seems to happen followed by sudden periods of intense activity that disrupt your routine.

Your case will undoubtedly last much longer than you anticipate. The process can stretch out for months or years. It is important not to put your life on hold during this time. Try to maintain some emotional distance. You will have less stress if you can avoid looking at the suit as a personal attack on your character.

It may seem as though your reputation is on the line and that the public record of the suit will haunt you for years. The truth is, few people are as interested in your lawsuit as you and the Plaintiff are. Most of your colleagues and clients will not even know about it.

Although your lawyer may advise you not to discuss the facts of the case with anyone, you should talk about your emotions during this time. You are not alone. Seek out trusted friends, spiritual advisors and family members.
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