When you feel that you may need to take legal action against someone else, contact a lawyer. There are surprising benefits of a free attorney consultation that you’ll want to take advantage of. 

For example, they may be able to give you some deep insight as to why the lawsuit you’re considering may fail or succeed. They may also ask you to slow down and consider the consequences more seriously. You’ll find some information on the lawsuit process to help you decide what your next steps need to be and how you’d prefer your case to end.

Before Filing

A consultation with a lawyer paired with some serious thinking will help you fully decide whether or not to file. Needless to say, there’s a lot you need to think about at this point. One of the most important is whether both you and the defendant have enough money to handle a court case. 

One expense you’ll need to consider is your lawyer. Some will only take their payment as a percentage of your winnings or settlement. Others charge by the hour and need to be paid much sooner. You’ll also have to deal with the costs of filing the suit itself. If you can handle these costs then consider instead if your opposition could. 

If you win, could they pay what the court declares that they owe you? The process should stop immediately if the answer is “no,” but it can continue if you believe they can. You’ll then weigh the rest of the considerations. If you and your legal team believe you have a good case, then you’ll file your complaint and begin the legal process, for better or worse.

Debating and Filing Motions

At this stage, motions can also be filed by either side. These are requests for the judge to make a judgment on some part of the case before it goes to trial. 

One of the first motions you’ll likely see is the defendant filing a “motion to dismiss,” which is intended to convince the judge to end the case completely. They may claim a lack of evidence, no legal standing, false information or any other reason they can come up with to discredit your claims. 

You can respond to these motions to rebuke the claims made within. The judge will also respond, explain whether they grant or deny the motion’s request and tell you why. Another common motion is the “motion to discover,” which can allow the filing party to gain some information about the other should the request be granted. 

These requests can only pertain to information that is relevant to the case. Requesting nonessential information will not only lead to your motion being denied but will likely see you and your team reprimanded by the judge in said denial.

Navigating Mediation

Mediation is also an option for most of the case. Sometimes, the courts may actually order both parties to attend a mediation to try and settle the disagreement before beginning the slow legal journey. The point is to get both parties to understand the viewpoints of the other side and to compromise on a solution.

The result will either be wasted time as nothing productive resulted from the discussions or a settlement being agreed upon. Bear in mind that mediation can happen multiple times in a single case. This means that if the first round didn’t go the way you’d like but you later obtain some evidence that strengthens your case, you can initiate mediation again to try and get a better outcome. When this fails and the judge believes the case to have merit, then the next phase begins.

Discovery Phase

The discovery phase is where both parties get a clear picture about how likely they are to succeed in their claims. Both sides must relinquish the information the other demands so that everyone can build the best case possible. This will include depositions of each side. 

Depositions are basically just interviews that are done under oath, meaning the information provided can and will be used both in favor of and against the interviewee. Written questions and answers can also be collected, and these are called “interrogatories.” The most important part of discovery besides discovering and sharing evidence is the admissions. 

One party will present a document or fact to the opposition and ask for confirmation as to its legitimacy. Their response will dictate how much each side must prove in court. The more that’s confirmed, the less is argued drawing the trial and the faster the proceedings will go.

Trial Begins

If the case is seen to have merit, all negotiations fail, and the discovery phase is passed, then you’ll be given a court date. A jury will also likely be selected. The steps are simple; the time has passed for motions to be filed and requests to be made. 

All you have to do now is actually show up to court and follow your lawyer’s advice while they ask the hard questions and make their arguments. At the end, a judgment will be made. Unfortunately, that is likely not the end of the case; the party that lost can appeal the decision. It will then be heard by an appeals court. 

Their decision will either agree with the previous one or overrule it completely. This process takes a lot of time, money and energy and is the reason why most cases end in a settlement instead of a judgement.