“Sometimes going to court is the only way to get to the end of the road. You have to be able to advocate for your client no matter what the forum is — negotiation, collaborative or litigation.” — Leigh Byers
Over 85% of legal disputes settle outside court, but litigation is still common when parties can’t agree. Litigation is adversarial and needs evidence from both sides within legal limits. Trial preparation includes a process called discovery. This involves collecting information, producing documents, answering questions, subpoenaing records, talking to witnesses, working with experts, taking depositions, and making exhibits.
Litigation can be slow, and courts control the timeline. Sometimes, temporary hearings and orders are needed for financial or custody matters while the case continues.
A contested litigation case doesn’t always end in trial. Some issues might be solved through agreements, while others need a judge’s decision. Trials can last from hours to weeks, based on the case’s complexity. Trial days might spread across months, depending on the judge. Thankfully, Alabama has hardworking judges who aim for fair results when litigation is required.