What the TV Show Suits Can Teach About Personal Injury Litigation (And What’s Just Too Sensational to Happen in Real Life)

The legal drama Suits captured the public’s imagination with its quick-witted lawyers, intense negotiations, and thrilling courtroom scenes. While it provides a compelling look into the legal profession, it’s worth asking: how realistic is it? And, more importantly, can it help people better understand personal injury litigation and trials?

Aspects of Suits do reflect real-world legal practices, especially the strategies and techniques attorneys use to negotiate and argue cases. However, the show also amplifies certain situations for drama, depicting courtrooms and litigation practices that are far more sensational than what you’d typically find in real-life personal injury cases. In this blog, our experienced Illinois personal injury attorneys explore some key takeaways from Suits that can be valuable for understanding personal injury claims in Illinois while clarifying aspects that may be purely fictional.

1. Understanding the Importance of Negotiations and Settlements

What Suits Shows: In Suits, negotiations are a big part of the show. Lawyers Harvey Specter and Mike Ross often engage in high-stakes bargaining, working to reach settlements without going to trial. The show emphasizes that many cases are resolved outside of court—a reality in personal injury law as well.

What’s Real: In personal injury law, settlement negotiations are often central to the process. Most personal injury cases don’t go to trial; they’re settled through negotiations with the other party’s insurance company or legal team. This is because trials are expensive, time-consuming, and outcomes can be unpredictable. Negotiations allow both parties to come to an agreement that compensates the injured party fairly and efficiently.

What’s Sensational: While negotiations happen frequently, Suits portrays them as rapid-fire exchanges with over-the-top drama. In real life, negotiations are typically much more measured. They involve careful discussions, documentation, and a lot of back-and-forth communication over a course of several weeks rather than theatrical confrontations. Personal injury lawyers aren’t likely to cut grand deals in a flashy office or issue ultimatums with dramatic flair.

2. The Role of Strategy in Building a Case

What Suits Shows: Throughout the series, Harvey and Mike meticulously strategize every step of their cases, from collecting evidence to anticipating the opposition’s moves. The show demonstrates the importance of building a strong foundation for a legal argument and thinking several steps ahead.

What’s Real: Strategy is indeed crucial in personal injury litigation. Building a strong case involves gathering evidence, reviewing medical records, interviewing witnesses, and understanding the opposing side’s perspective. Personal injury attorneys work diligently to prepare a comprehensive case that includes all elements needed to prove liability and damages. Knowing the strengths and weaknesses of the case is essential for securing a fair outcome, whether through negotiation or trial.

What’s Sensational: Suits tends to dramatize the investigative process, often presenting miraculous “smoking gun” pieces of evidence that appear at just the right moment. In reality, evidence collection is methodical and involves detailed review and verification. Rarely does a personal injury case turn on one dramatic piece of evidence; instead, it’s the accumulation of consistent, reliable information that builds a compelling argument. Illinois follows Supreme Court Rules 213 and 214, which deal with the discovery process long before a trial even begins.

3. Deposition and Cross-Examination Skills

What Suits Shows: The show often depicts characters grilling witnesses during depositions or in the courtroom, using tough questioning to expose lies or weaknesses in the opposing party’s case. These scenes illustrate the value of effective questioning and cross-examination in undermining an opponent’s argument.

What’s Real: In personal injury cases, depositions are crucial. A deposition is a sworn, out-of-court statement given by witnesses or parties involved in a case, and it can influence the direction of a settlement or trial. Personal injury attorneys need strong questioning skills to gather helpful information and pinpoint inconsistencies. Cross-examinations are particularly important during trials, as they allow attorneys to challenge opposing witnesses and clarify facts. Illinois has two different types of depositions: discovery depositions (used to discover information and possible evidence before trial) and evidence depositions: testimony to be used in lieu of testifying live at trial.

What’s Sensational: Suits often exaggerates the confrontational nature of these interactions, with lawyers using dramatic, sometimes aggressive lines of questioning. In real life, depositions are far more formal and conducted under strict legal guidelines. Attorneys must remain professional, and aggressive tactics can harm a lawyer’s credibility with the jury. Most personal injury attorneys approach witnesses with a measured, respectful tone to elicit useful information without theatrics.

4. Understanding the Value of Expert Witnesses

What Suits Shows: While the show doesn’t always focus on expert witnesses, there are instances where Harvey and his team bring in specialized knowledge to strengthen their cases. This aligns well with personal injury law, where expert testimony can make or break a case.

What’s Real: In personal injury cases, expert witnesses play a key role. Medical experts, accident reconstructionists, and economists are often called upon to provide credible, fact-based testimony. For example, a medical expert might explain the extent of an injury and its long-term impact on a plaintiff’s life, which is essential in calculating fair compensation. Personal injury lawyers rely on experts to clarify complex issues and support the injured party’s claims.

What’s Sensational: Suits may occasionally depict experts as offering dramatic, opinionated insights that single-handedly change the course of a trial. In reality, experts provide factual, objective information rather than emotional or biased testimony. Their role is to inform rather than to sway with sensational claims. Additionally, the process of retaining expert witnesses is often far more formal and involves careful vetting to ensure credibility. Illinois, under Supreme Court Rule 213(f)(3), requires disclosure in advance of expert testimony well in advance of trial, and allows for discovery depositions, in order to allow both sides to anticipate such testimony before trial.

5. Ethics in Law: The Limits of Attorney-Client Confidentiality and Truthfulness

What Suits Shows: One of the central storylines in Suits is that Mike Ross has been practicing law without a degree, a clear breach of ethics. Throughout the series, ethical dilemmas arise, from attorney-client privilege issues to bending the truth to achieve a favorable outcome.

What’s Real: Ethics are paramount in personal injury law, and all attorneys must follow strict guidelines. An attorney’s duty is to represent clients honestly and within the bounds of the law. Any unethical behavior, like falsifying evidence or knowingly deceiving the court, could lead to disbarment, hefty fines, or criminal charges. In personal injury cases, ethical guidelines ensure that attorneys advocate for their clients fairly and honestly.

What’s Sensational: Suits portrays a willingness to bend ethical rules for the sake of winning a case. This is, of course, far from reality. Attorneys are bound by codes of ethics, and violating these rules can result in severe consequences. For personal injury lawyers, upholding the client’s best interests means acting with integrity and transparency, not manipulating the system for an advantage.

6. The Courtroom Drama Factor

What Suits Shows: Courtroom scenes in Suits are often filled with tension, surprise witnesses, unexpected evidence, and emotional outbursts. The lawyers’ closing arguments are impassioned, and verdicts are often delivered with suspenseful flair.

What’s Real: Real-life courtroom proceedings are more subdued and procedural. Trials are controlled and methodical, and there’s little room for surprise witnesses or last-minute evidence. Both sides are required to disclose their evidence to each other before trial, meaning there’s rarely anything unexpected introduced in the courtroom. Furthermore, personal injury cases in Illinois must follow the Illinois Pattern Civil Jury Instructions, making sure that all cases follow the same, fair procedure. Personal injury cases, in particular, are often settled outside of court because of the unpredictable nature of trials.

What’s Sensational: The high drama and suspense portrayed in Suits are largely fictional. Trials, especially in personal injury cases, follow a structured process with clear procedures and a significant amount of pre-trial preparation. Dramatic surprises rarely happen in a real courtroom, as both parties are typically well aware of the facts before the trial begins.

What Suits Gets Right and What It Doesn’t

While Suits offers an entertaining portrayal of the legal world, it also simplifies or exaggerates many aspects of litigation for dramatic effect. The show does provide valuable insights into the importance of strategy, negotiation, and building a case. For viewers, it demonstrates the commitment lawyers have to advocating for their clients, the depth of preparation involved, and the negotiation tactics that can lead to successful outcomes in legal disputes.

However, real-life personal injury litigation is generally less glamorous and fast-paced. Personal injury attorneys work through a structured process, gathering evidence and working with experts, and they must navigate a strict code of ethics. While the high drama of Suits may not reflect a real courtroom’s reality, the show can still provide a basic understanding of what’s involved in the pursuit of justice for injured clients.

Reflecting on the impact of Suits, Naperville personal injury trial lawyer, John J. Malm shares, “I think Suits is likely inspiring a new generation of young lawyers, just as L.A. Law did in the 1980s or Law & Order did in the 1990s. Seeing attorneys passionately advocating for clients and using the law to fight for justice can be a powerful motivator for young people considering law school.”

At John J. Malm & Associates, we’re here to provide clients with skilled, ethical, and compassionate representation—sometimes without the drama of a tv show, but always with a purpose. We focus on fair outcomes and provide a clear, transparent path to help our clients receive compensation in their personal injury cases. If you have questions about the personal injury process, contact our top-rated Illinois personal injury lawyers for a consultation to learn how we can help you.