Are you looking into how long a lawsuit will take to go to court? Divorce cases can go on for a very long time. Read on to learn more.

A self-represented lady took 17 years to resolve a legal issue. I read a great article in the Financial Post and wanted to share the most interesting parts. I considered writing my own article for the media but decided to expand on the article instead.

Everything in brackets in this post is from the Financial Post article.

“A wife’s decision to represent herself caused the husband to incur huge legal fees over 17 years.”

A lot of people see hiring lawyers as an expense and a nuisance. This has led to 70% of people in some courts self-representing (they don’t have lawyers.)

Let’s say someone has $250,000+ in assets, you need to be willing to spend $10,000–30,000 on a family lawyer to represent you. If you have children, you need to have a family lawyer.

How long does the court process take?

Why would someone risk their assets, time, and children to make an attempt to save $10,000–30,000?

Further, a judge can award a child or spousal support payments. These payments can go on for many years. Judges can also award court costs.

If you have enough money to hire a lawyer, hire a lawyer. Self-representing is similar to doing surgery on yourself because you don’t want to deal with the doctors or hospitals. Would you do that?

I also want to point out that spending 17 years in litigation is a similar time period as serving a life sentence in Canada for murder. They will never get those years back.

There is also the opportunity cost. In those 17 years, if she had taken all the time she spent on the court case and worked those hours in employment, she would be far better off financially.

A lawsuit can take 7 years if you are not careful.

The Legal Timeline: Estimating the Duration

It can easily be a few years. Read below about the case that went on for seventeen years.

“While self-representation is the only option for many people due to their financial resources (a broader discussion of access to justice is beyond the scope of this article), for those with resources, the decision to self-represent may be quite costly in the end.”

I completely agree. If you only have a few thousand in your bank account, legal aid or self-representation might be your only hope.

But if you can afford it, get a family lawyer to help you. It’s worth considering a self-representation ban for people over a certain income.

Sometimes it might be possible to pay your lawyer out of the proceeds of your divided assets. It may also be possible to have a delayed payment plan put in place. Reach out to some law firms and ask.

How long will the lawsuit take to go to court?

A lawsuit can take many years to go to court. It is not a fast process.

“The wife, according to the judge, did not express her position with any sort of clarity, leaving the judge without an appreciation of how she wanted costs to be resolved.”

This is why lawyers are important. They make your argument clear so a judge can understand it.

“…(let us not be so naive to ignore) the choice by some to act for themselves because they think the judge will be forced into being their advocate.” Justice Conlan, Ontario Superior Court

More likely than the judge being their advocate, the judge might become angry with the self-represented individual. This could actually turn the judge against them. Courts are not friendly places and there is limited information about how the courts run. Legal jargon can also be very confusing.

Lawsuits Take A Long Time To Go To Court

“The wife’s decision to represent herself caused the husband to unnecessarily incur substantial legal fees. The wife was ordered to immediately pay the husband costs of $150,000.”

This is a powerful statement about wasting the court’s time and the opposing parties’ money. Had she hired a lawyer, it is likely that the issues would have been settled in a few years (or sooner in settlement) instead of 7 years.

What a waste of time and money.

The lawsuit process, often a maze of legal procedures, can feel like an eternal chess game, each move meticulously calculated yet still bound by uncertainty. Many factors influence the length of this game.

To begin with, let’s consider the type of lawsuit. Civil lawsuits, like a board game with numerous possible moves, are intricate, usually requiring months or even years to resolve.

The Lawsuit Journey: Time Expectations and Factors

A personal injury claim can average one to two years, depending on the complexity and severity of the case. In contrast, commercial litigation, akin to a high-stakes poker match, may extend over several years due to the complex nature of business law.

The nature of the legal issues involved is another piece of the puzzle. Issues as simple as a single contract dispute can be resolved faster, often within a few months. But complex patent infringements, akin to solving a Rubik’s Cube, can stretch out over many years due to technical nuances.

Next comes the court’s calendar, a crowded bus route where everyone is eager to reach their destination. High-traffic courts may cause significant delays. Statistics from 2018 showed an average of 27.3 months to complete a civil case in U.S. District Courts.

How Long Should You Expect a Lawsuit to Take?

The parties’ readiness for trial is another aspect. Just as preparing for a marathon requires extensive training, litigants need time to gather evidence, depositions, and expert witnesses. For some, this can take years.

Settlements and negotiations, similar to bargaining in an old marketplace, can add to the duration. A 2009 study found that about 70% of civil cases settle before reaching trial, and these negotiations can last years.

The appeal process is yet another factor that can stretch the timeline. Much like an unexpected detour on a road trip, an appeal can significantly lengthen the duration. An appeal can add one to two years on average to a lawsuit.

Get Informed: Unraveling the Timeframe of a Lawsuit

Discovery, the legal term for investigating the facts of a case, is a bit like a detective collecting clues. It can be time-consuming, particularly in complex cases. The American Bar Association notes that discovery can often last a few years.

The personal attributes of the plaintiff or defendant may influence duration. Much like a hesitant swimmer dipping one toe in the water at a time, those uncomfortable with the legal process may prolong the case through their hesitations and delays.

The legal strategy itself, the conductor of this lengthy symphony, plays a crucial role. A lawyer might delay a case deliberately, seeking advantageous conditions much like a fisherman waiting for the perfect wave to cast his net.

The duration of a lawsuit resembles a roller coaster ride – unpredictable, long-winded, and affected by numerous factors. However, understanding these variables provides a clearer picture of what to anticipate, making the ride a bit less daunting.

Author: Alistair Vigier is the CEO of ClearWay Law. A lawsuit can take a long time to go to court, so be patient!