Douglas Edward Herman is a Savannah, Georgia based litigation professional who serves as Chief Legal Officer and Director of Litigation at the Hostilo Law Firm. Drawing on years of experience handling complex cases involving serious injuries, Douglas Herman brings a practical perspective to understanding how lawsuits move through the court system. As an attorney overseeing firmwide litigation strategy, he supports trial teams from pre-suit investigation through resolution, while also directly litigating high-stakes matters. Before joining Hostilo in 2018, he practiced as a partner at Oliver Maner LLP and earlier worked at Marshall Dennehey in Philadelphia and Caldwell and Kearns in Harrisburg. His professional background, combined with published legal scholarship and leadership in litigation operations, provides a grounded framework for examining the realities of the litigation process beyond common misconceptions.
Unpacking the Litigation Process
When most people hear the word “litigation”, they think about the courtroom dramas they see on television. However, the vast majority of lawsuits are resolved prior to the trial phase, and “real world” litigation often is much more mundane and plodding than what our favorite television shows and movies show us. The litigation process begins when the injured or aggrieved party files a complaint/lawsuit. The court rules require that an authorized person effectuates service of the complaint on the defendant(s) – i.e., the party(ies) causing the harm or damages that give rise to the lawsuit. That often takes a few weeks. When the defendant has been served with the complaint, they will have a period of time to inform their insurance company (if applicable), hire lawyers, and file an answer to the complaint. This usually takes between 30-60 days of additional time.
The next phase of litigation usually is the “discovery” period. Discovery is just that — it allows the parties to learn about the case and defenses, gather evidence, and begin to see what the case will look like if it goes to trial. There are many types of discovery, but the main procedures are: Interrogatories (written questions that have to be answered with certification that the answers are true), requests for production of documents, depositions (where the parties and other witnesses must answer questions under oath to determine what they will say if the case goes to trial), and requests for admission (used to get the other party to concede certain facts so they don’t need to be proven at trial). Discovery can take 3 months to a year, depending on court rules and the complexity of the case.
Once discovery is complete, the parties and their lawyers will have a pretty clear picture of what documentary evidence will be presented and what the witnesses and parties will say if the case proceeds to a trial. They are able to assess credibility of witnesses, what they can/cannot prove under the rules of evidence, and assess risk. This is the point at which most parties to litigation consider the possibility of settlement. This can happen through basic negotiations, or through a process called mediation. Mediation is a non-binding process where a seasoned lawyer or former judge — who does not represent either party, and has no “dog in the fight” — will get together with the parties and their lawyers and attempt to find a mutually agreeable resolution to the litigation. The mediator’s job is to play “devil’s advocate” with each side to ensure that they are considering the risks of litigation and any weaknesses in their case or defense. A large majority of cases settle at mediation because the parties have all the information that they need to see what a trial would look like, but they can minimize risk and cost by negotiating a resolution with which all parties can live.
If the case cannot be settled, it will eventually go to trial. Most trials are conducted before a judge and a jury, although sometimes parties will agree to let a judge decide the case without a jury. If either party is believes that there were errors made by the trial judge, they can appeal the decision of the judge or jury to an appeals court, assuming they are not satisfied with the outcome of the trial. This can add another year or more to the litigation process and force the parties to expend substantial additional expenses.
Once again, these considerations — i.e, risks of the unknown, uncertainty as to how witnesses will be seen by a jury at trial, and costs of trial and any appeal — often convince the parties to litigation to settle their cases or resolve them at mediation so that they can manager risks and costs.
About Douglas Herman
Douglas Herman is the Chief Legal Officer and Director of Litigation at the Hostilo Law Firm in Savannah, Georgia. He focuses on managing litigation strategy and supporting attorneys handling complex and serious injury matters, while also serving as a litigation attorney. His prior experience includes partnerships and litigation roles at Oliver Maner LLP, Marshall Dennehey, and Caldwell and Kearns. He holds a 5.0 Martindale-Hubbell rating and has been recognized by Super Lawyers, Best Lawyers in America, and Georgia Trend’s Legal Elite.
