Four tips to stay sane and at peace during a lawsuit
Hiring an attorney doesn't immediately make a lawsuit stress-free, but there are legal perks
I sighed every single time an attorney colleague of mine insisted that I make sure his marketing material said he “relieves stress” by going to trial on his clients’ behalf. He isn’t quite wrong. He has a wealth of experience and consistent wins that a pro se litigant just won’t (usually) have, but saying an attorney is “stress-free” is a step too far.
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Why? Even when (not if) he wins, there’s still the matter of paying the attorney — win or lose — unless there’s a contingency fee (the lawyer receives a percentage of what is recovered only when the case is won). There’s also the matter of digging through paperwork, photos, recordings and (potentially) testifying — none of which is a walk in the park even if the attorney is in charge. The average person doesn’t want to relive all of these frustrating moments.
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While there may be a rush of relief if the judgment is in your favor or you win by filing complaints through other avenues, there’s always that moment when you’re wondering, “Was all of this worth it?”
I thought about that recently while watching one of my favorite YouTube channels Black Business Files, specifically a video about Jeremiah Hamilton, who was nicknamed “The Prince of Darkness” by white newspapers.
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I was impressed and dumbfounded that he was going up against all of these well-to-do white men in a time when he could’ve easily been lynched or run out of town. And I definitely didn’t expect him to figure out a way for one of his white nemeses to end up in jail with him for the same offense.
His story of fighting in a courtroom may have been one of the most surprising and memorable Black history stories (a couple of days before Black History Month) that I’ve ever heard. But the way his story ended saddened me and took me right back to my attorney colleague’s take on what it’s really like even when you win lawsuits.
While I would love to believe going to court is like “a black lady courtroom” from Robin Thede’s “A Black Lady Sketch Show,” it’s far from it. Going to trial is one of the most stressful experiences a person can face. It may not matter if you’re the plaintiff, defendant or witness. I’ve been a juror who watched an expert look uncomfortable during cross-examination — and he was just there to confirm the results of a chiropractor exam. However, the way he looked while testifying was like the attorney was asking him about armed robbery.
As someone who has filed a lawsuit and been a juror twice, here are a few tips I kept in mind to stay positive (and realistic) during a trial.