Balance is Essential in One’s Litigation Practice

Litigation’s antagonistic nature makes it inherently stressful—and this stress can play a major role in both the process and its outcome. The stresses of litigation are well-known, and they have been for a long time. A scholarly article published in 1989 even gives the stress of litigation its own name: litigation response syndrome. More recent works on the subject point to the zero-sum nature of litigation and the immense pressure that deadlines can create as key sources of stress for litigators. The often-public nature of litigation and the risk of failing to meet clients’ expectations (even if they are unreasonable)—along with the risk of facing legal malpractice allegations if a client is dissatisfied—add to the stresses of litigation as well.

Understanding the Risks of Stress During Litigation

For litigators, understanding the impacts of stress during litigation is essential. As discussed in  the Harvard Business Review, “research on decision-making shows [that] our brains are wired to be more reactionary under stress.” This means that we are more likely to make rash all-or-nothing decisions, and this is not what you want in litigation. Litigation is nuanced. It requires informed, strategic, and rational decision-making at all stages of the process. In litigation, a single bad decision can have ripple effects, negatively impacting both the process and its outcome—creating even more stress along the way. As the Harvard Business Review article also explains:

“In tough moments, we reach for premature conclusions rather than opening ourselves to more and better options. Faced with less familiar conditions for which our tried-and-true approaches won’t work, we reflexively counter our natural anxiety by narrowing and simplifying our options.”

While narrowing and simplifying can be helpful in some cases, in litigation, it is important to keep all options on the table until you have made an informed decision that they are no longer worth considering based on the relevant facts and law. Thus, ignoring stress and its potential impacts on litigation is not a viable solution.

Focusing on Wellness and Wellbeing to Effectively Manage Stress During Litigation

What is a viable solution is stress management. By acknowledging that litigation is stressful, we can ensure we get the help we need and ensure that our stress does not negatively impact our decision-making. Recognizing that stress is inevitable in litigation, ensuring that stress does not lead to negative legal outcomes starts with ensuring that it does not negatively impact our wellness or well-being as lawyers. While we cannot avoid stress during litigation, we can manage it—and we can do so effectively with the right approach. Resources are available for lawyers who need help, and when the burdens or deadlines of litigation become truly overwhelming, lawyers can—and should—partner with their colleagues to maximize the likelihood of a positive outcome for everyone involved.

Speak with an Attorney at Velkei Law

With offices in Los Angeles, Velkei Law represents clients in litigation throughout California and nationwide. If you would like more information, please call 310-601-4626 or contact us online today.