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Courtroom dramas make for great television. The problem? Real litigation almost never looks like what you see on screen. If you walked into a Manitoba courtroom expecting Suits or Law & Order, you'd be in for a shock. Here are five of the biggest myths television shows get wrong.
- The Surprise Evidence Bombshell
On TV, a lawyer pulls a document from their briefcase at the last second, slaps it in front of a witness in the box and – voilà – the case is won. In real life, there's no such thing as trial by ambush. Parties must disclose relevant documents and evidence well before trial, often years in advance. “Gotcha” moments don't play well with judges. In fact, failing to produce relevant documents can result in severe sanctions under the Court of King's Bench Rules.
- Endless Shouting Matches
Television lawyers object every 30 seconds, pacing dramatically around the courtroom and shouting “Objection!” while the judge hammers a gavel for order. In reality, court is far calmer. Counsel typically remain at the podium, only stepping away briefly to hand documents to the judge or a witness. Objections do happen, but they're usually measured and grounded in specific rules. Judges expect professionalism – repeated interruptions or grandstanding is a quick way to lose credibility.
- Cases Wrapping Up in a Day
A full trial with witness testimony, exhibits, and arguments takes time. Even simple cases can last days. Complex commercial or injury matters can stretch into weeks, if not months. And before you even get to trial, litigation often takes years. Real-life litigation is a marathon, not a 44-minute episode.
- One Lawyer Doing It All
TV lawyers handle the client meeting, the investigation, the trial, and the dramatic cross-examination, all by themselves (and often within the confines of a single episode). In reality, litigation is a team sport. Files frequently involve multiple lawyers, articling students, paralegals, assistants, and experts behind the scenes, each taking on different aspects of the file. That division of labour isn't just about workload, it's about managing costs efficiently for the client.
- Justice Always Served (and Quickly)
In dramas, every case ends with a dramatic verdict neatly resolving the dispute. Real litigation is rarely so tidy. Many cases settle quietly before trial. Verdicts don't always result in a “clear” winner and even when they do, they can be appealed, muddying the waters further. Legal fees and disbursements (like the costs associated with retaining experts) almost always eat into any award and are only rarely recoverable on a dollar-for-dollar basis (i.e. solicitor-client costs). It is not uncommon at all for everyone to walk away feeling like there has been no winner.
How It Actually Works
In practice, litigation is a structured, deliberate process. It begins with pleadings: the formal documents where each side sets out their case. That's followed by discovery, where parties exchange relevant documents and undergo questioning under oath. This exchange of information is the backbone of the process, ensuring both sides know the evidence well before trial.
From there, cases often branch into motions and pre-trial steps. Motions deal with procedural or substantive issues along the way: compelling disclosure, striking weak claims, or clarifying legal points. Pre-trial conferences bring parties before a judge to streamline the case and encourage settlement. These stages may not make for flashy television, but they do the real heavy lifting to focus the issues. This is where cases often turn on practical considerations like timing, costs, and strategy, rather than TV-style theatrics.
Finally, very few cases actually go the distance to trial. Most resolve through negotiation, mediation, or judicially assisted dispute resolution. When trials do occur, they are meticulous affairs – the best involve an orderly presentation of documents, careful questioning of witnesses, and judges weighing evidence slowly and methodically. It's less about bombshells and drama, more about patience and precision.
Final Word
TV courtroom dramas are fun to watch, but don't confuse them with reality. Litigation is slower, less glamorous, and far more detail-driven than the small screen suggests. It may not win an Emmy, but it's how justice is actually done.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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