Various aspects of litigation are perceived to be more stressful than those revolving around transactional matters. Qualities in litigation that are typically absent in transactional matters seem to contribute to the heightened tension experienced by litigators. In a recent conversation shared with Above the Law, a litigator reflected on these characteristics through his own practice, provoking a deeper dive into the sources of tension inherent in the field of litigation.
Inherently, litigation often presents itself as a zero-sum game where one party’s win constitutes for the other’s loss. The stakes run high, as agreements between parties fail to materialize into resolutions, courts are left to decide the fate of the litigant after protracted court proceedings or even trials. Such high-stakes situations can reportedly pose substantial stress on the litigating lawyers as well.
Transactional matters, on the other hand, offer a more collaborative atmosphere. Here, no party completely loses or fully wins, thereby striking a balance that might prove to be less stressful compared to certain types of litigations.
The deadline-oriented nature of litigation reveals another significant source of stress. A motion filing, for instance, comes with a restricted timeline by which the opposition and reply papers must be served. Other phases, such as depositions, expert disclosures, and a range of other issues, also are time-bound by court-imposed deadlines. Transactional matters do experience their share of tight schedules. However, it is the fundamental role that deadlines play in litigation, and the associated stress, that may render it more tense compared to many transactional proceedings.
Public exposure is yet another factor enhancing stress in litigation. The necessity to argue motions in court or present cases at trials implies that lawyers perform in the presence of an audience, including their clients. However, in transactional matters, interactions are limited to the parties involved in a deal.
Overall, while transactional matters entail their own share of stress, inherent characteristics of litigation could make it more stress-inducing than many transactional projects are. However, it must be remembered that this is a perspective, and individual experiences and personal coping mechanisms could influence the exact levels of stress experienced across the two areas of law practice.