Introduction: Navigating the Complexities of Civil Litigation
Civil litigation can be a daunting process, especially for new lawyers or pro se litigants who may not be familiar with the tactics that experienced litigators use to gain an advantage. Understanding these tricks is essential for preparing a strong defense or prosecution. This article outlines common tricks lawyers play in civil litigation and provides strategies for countering them effectively.
Speed: Manipulating the Timeline
One common tactic in civil litigation is manipulating the speed of the case. Defense attorneys often try to slow down the proceedings to gain leverage, hoping the plaintiff will become desperate and settle for less than the case is worth. This is particularly effective in personal injury cases where prolonged litigation can be financially draining for the plaintiff.
Example Scenario: In a personal injury case, the defense might file numerous motions and request extensions to delay the trial. This can pressure the plaintiff into accepting a lower settlement to avoid the continued cost and stress of litigation.
Counter Strategy: Plaintiffs can counter this tactic by hiring an attorney who works on a contingency fee basis, ensuring that financial pressure does not force an early settlement. Additionally, maintaining a clear and organized case strategy helps in pushing the case forward efficiently.
Pleadings: Exploiting Technicalities
Experienced litigators know that they can exploit technicalities in pleadings to their advantage. Plaintiffs must be meticulous in their initial filings to avoid mistakes that can be used against them. Defendants may look for inconsistencies or typographical errors to challenge the validity of the case.
Example Scenario: A defense attorney might file a motion to dismiss based on a minor error in the plaintiff’s complaint, such as a missing element in the cause of action or a typo in the jurisdictional statement.
Counter Strategy: Plaintiffs should ensure their pleadings are thorough and reviewed multiple times to avoid errors. Consulting with a seasoned attorney can help in drafting precise and legally sound pleadings that withstand such challenges.
Service of Process: Evading Legal Notice
Defendants may try to avoid service of process to delay the proceedings and frustrate the plaintiff. If the defendant successfully challenges the service, the plaintiff might have to restart the process, incurring additional costs and delays.
Example Scenario: A defendant might avoid being served by refusing to answer the door or providing false information about their whereabouts, forcing the plaintiff to attempt multiple methods of service.
Counter Strategy: Plaintiffs can use professional process servers who are skilled in tracking down evasive defendants. Additionally, alternative methods of service, such as service by publication, can be employed if personal service is unsuccessful.
Discovery: Overwhelming the Opponent
Discovery is a fertile ground for strategic maneuvers. Lawyers might serve overly broad discovery requests to inundate the opponent with documents, hoping to overwhelm them with information. They might also use semantics to provide incomplete or evasive answers, further complicating the discovery process.
Example Scenario: A defense attorney might request vast amounts of irrelevant documents, knowing it will take the plaintiff’s team an excessive amount of time to sift through them, thus delaying the case.
Counter Strategy: Plaintiffs should object to overly broad discovery requests and seek protective orders to limit the scope of discovery to relevant information. Staying organized and methodical in responding to discovery requests can also mitigate the impact of such tactics.
Depositions: Extracting Damaging Information
Depositions can be a minefield for unprepared witnesses. Skilled litigators use this opportunity to extract negative information from nervous or inexperienced witnesses, often through aggressive questioning and subtle intimidation.
Example Scenario: During a deposition, a defense attorney might ask rapid-fire questions or use complex legal jargon to confuse the plaintiff, hoping they will inadvertently say something damaging.
Counter Strategy: Preparing thoroughly for depositions is crucial. Witnesses should practice answering questions and understand the importance of staying calm and composed. Attorneys should also be vigilant in objecting to inappropriate questions and protecting their clients from undue pressure.
Expert Witnesses: Blocking Access to Experts
Another tactic is to retain all the available experts in a particular field as consultants, thereby preventing the opposing party from finding a qualified expert to testify on their behalf.
Example Scenario: In a medical malpractice case, the defense might preemptively hire all the leading experts in the relevant specialty, leaving the plaintiff without a credible expert witness.
Counter Strategy: Plaintiffs should identify and secure expert witnesses early in the litigation process. Exploring a broader pool of experts and considering professionals from different but related fields can also help in finding suitable experts.
Real-World Example: The Enron Litigation
In the Enron litigation, defense attorneys used various delaying tactics, such as filing numerous motions and demanding extensive discovery, to slow down the proceedings. These tactics were aimed at wearing down the plaintiffs and forcing them into a less favorable settlement. The case highlighted the importance of being prepared for and countering such strategies effectively.
How Vernon Court Reporters Can Assist
At Vernon Court Reporters, we understand the complexities of civil litigation and the tactics used by experienced litigators. Our court reporting services ensure that every detail is captured accurately, providing you with the documentation needed to counteract these common strategies. For more information on how we can assist you, please contact us.
