Litigation: The Fun and the Fury
When you hear legal professionals discussing the various areas of law, you can tell right off that litigation is one area that evokes a strong response from almost everyone. No one seems to be unsure about his opinion of litigation. Everyone loves it or hates it, with very little in between. Last year, when we were discussing topics for upcoming issues of TPJ, the reaction to an issue dedicated to litigation was the same. Some legal assistants on the Publications Committee said, "Yuck, I'm going to sit that one out! I can't stand litigation. It's so messy and unpredictable." Then a few of us said, "Yeah, that's a great topic. I love litigation. It's so interesting and unpredictable, and never boring." I got so caught up in the idea that, before I realized what had happened, I had agreed to be responsible for putting together the whole thing. I have since learned that putting together a magazine issue about litigation is not nearly as exciting as actually going to trial. But I have done my best, and I hope you all enjoy the articles included in this issue.
"Litigate" is defined "to contest in law; to prosecute or defend through pleadings, evidence, and debate in a court for the purpose of enforcing a right or seeking a remedy." It is, by definition, an adversarial situation in which each side attempts to prevail over and above the other. Each party has something at stake, whether it be money, freedom, satisfaction, liability, punishment, revenge, or exoneration, etc. Since each side always claims to have been wronged by the other side and wants a jury to reach the same opinion, emotions tend to run high, and such intensity can cause a lot of wear and tear on the persons who are exposed to it on a regular basis. However, there seem to be a lot of us strange birds who really enjoy the stress of deadlines, tracking down witnesses, hearings, depositions, missing documents, and devising a stronger argument. Although the procedure associated with lawsuits is consistent, that is about all. Every case is different and has its own funny little quirks. I have found that the challenge of sifting through all the information with every sense finely tuned to detect anything useful produces a rush that is almost addictive. The first time I found something that made a real difference in a case, my fervor was renewed, and, like the gold rushers of old, I am drawn to the hunt again and again.
The lure of the battle itself, the courtroom trial, is as old as man. The contest of theory, strategy, ability, cleverness, persuasion, and legal knowledge appeals to the personality types which usually end up in the practice of trial law. While the field used to be almost exclusively populated by men, it holds the same fascination for women. Trial attorneys are finding that women legal assistants with strong verbal skills, intuitive recognition of human nature and motivation, powerful sequential reasoning ability, and indomitable confidence make terrific litigation assistants. Given the opportunity to function up to their capabilities, these legal assistants can truly round out a dynamic litigation team.
Some of the primary areas in which litigation is involved are discussed in this issue. I hope you all enjoy.
Laina Bartlow, CLA is a paralegal at the law firm of Hinkle Cox Eaton Coffield & Hensley, L.L.P. in Amarillo, Texas. She works primarily in the field of insurance defense litigation. Laina is a member of NALA and is the current President of the Texas Panhandle Association of Legal Assistants. She is a member of LAD and serves as an editor on the staff of this publication. She has been an instructor at TPALA's CLA Review Course for the past two years. She has served as TPALA's newsletter editor for three years and was chosen as Legal Assistant of the Year for 1994-1995.
TEXAS PARALEGAL JOURNAL
Summer 1997
©1997 Legal Assistants Division, State Bar of Texas