Introduction
During litigation or lawsuits, litigants or the parties usually go through a lot of stress or anxiety. It is worse in criminal matters when the accused person faces the risk of going to prison.
Negative publicity compounds the situation. In civil proceedings I have seen many people at their lowest, losing sleep over the possibility of losing assets or incurring debts as a result of a court case. It is made worse by the fact that there are no guarantees at law.
Something unforeseen can arise or be raised by the other party. In this article, I share a few tips on how to manage stress or anxiety when one is involved in legal action or a lawsuit.
Managing stress
Whether you have a good case or not, anxiety or even stress is inevitable. It is how to manage it or its extent, that one has to deal with. Below are some of the tips on how to limit your stress:
Accept your situation
It is common to be in denial and hope the person who is taking legal action against you will have a change of heart or leniency. You are advised to work with the worst-case scenario that the legal action will progress to all the stages. Work on practical solutions to your situation.
Understand the legal process
Anxiety is usually about what will happen in the future. It is extremely important to understand the legal process and fully prepare for it, including the timelines. In criminal matters many people do not understand some of the key stages such as an initial court appearance after being arrested, bail applications, routine remand appearance, and trials.
Some accused persons or their families may think one will be tried on the first court appearance. Those sympathising with the complainant or victim want justice to take its course as soon as possible. They can be so anxious and stressed upon realising that the process is taking long.
In civil proceedings it is necessary to understand the nature of the legal action, the remedies sought, the timelines and so on. There are court rules which lawyers have to comply with. These rules have a bearing on time. Legal action can be in the form of summons or by way of court applications. A litigant needs to understand from his or her legal practitioner the nature of the legal action and the deadlines.
Legal strategy
It is also very important to discuss the legal strategy that your legal practitioner wants to use. It needs a plan of action.
One non-lawyer once said about his criminal matter, "It is war and in a war, there is no room for diplomacy, I will throw everything legally possible".
A legal strategy helps a litigant to appreciate where the matter is going and steps to follow.
Evidence
This is a problem area. As part of the legal strategy, it is advisable to discuss with your legal practitioner what evidence will be required for the matter to progress in your favour.
Hearsay or your emotions do not apply. It is evidence that is acceptable in terms of the laws. During application proceedings evidence is mainly adduced through a founding affidavit, opposing affidavit or answering affidavit, and the necessary evidential documents included as annexures.
It is quite common for litigants to try and bring in evidence after the deadlines allowed at law. In action proceedings, which result in trials, evidence has to be produced at the appropriate times. For example, parties are expected to provide a summary of evidence, schedule of documents, and or agree on a bundle of documents, etc.
During trial evidence is produced through witnesses. A litigant may stress if he or she later realises that important evidence was left out.
Seek support from genuine people
During difficult times, support from genuine family members or friends is needed, otherwise you will be a source of news.
Plan for legal fees
Many people have no idea how much legal fees can come to. It is advisable to discuss this aspect openly with your legal practitioner. For example, you can get an estimate and then work on a plan to raise the fees or pay a deposit.
Keep in touch with your lawyer
To avoid having to guess, please keep in touch with your legal practitioner. Enquire of progress, future steps, timelines and so on. It's better to be informed than remain in the dark.
Ask about prospects of success
It is advisable to seek your legal practitioner's view on your prospects of success. This can be at the beginning or as the case progresses.
Look for practical solutions
It is normal for people to pray seeking divine intervention during litigation. In addition to that, litigants are encouraged to work with their lawyers on issues specific to what they are facing. For example, one may look for specialist lawyers or evidence to defend themselves.
Mind your health
Legal action usually affects you such that you may have eating disorders, losing sleep, developing high blood pressure and so on. Try as much as possible to manage these situations. Where necessary, go for regular check-ups. At times you may need to see a psychologist to assist you.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Be prepared for disappointment
Not everyone will sympathise with or be genuine with you. Even some "close" people will betray or disappoint you. Have the wisdom to judge and deal with such situations as they arise.
Conclusion
Stress or anxiety is quite common during legal action. One has to manage it.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer's professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot-Watt, UK) is the Managing Partner of Hofisi; Partners Commercial Attorneys, chartered accountant, insolvency practitioner, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He writes in his personal capacity. He can be contacted on +263 772 246 900 or [email protected] or [email protected]. Visit www//:hofisilaw.com
