Most people think that litigation automatically goes to trial work, but the litigation process begins long before the primary witness is called to testify. In fact, the vast majority of litigated cases never reach the inside of a courtroom.
For those looking to determine if a legal matter falls within the category of litigation, consider whether a lawsuit would solve the issue. Most non-litigation issues, such as property sales, estate planning, business formations, etc., are handled by attorneys practicing “transactional” law.
The best way to understand litigation law is to understand the most critical parts of a lawsuit. In lots of tort cases, the Civil Rules of Procedure in force in that jurisdiction will apply. For example a negligence lawsuit from an automobile accident.
These rules provide the legal requirements the parties must comply with at each step in the litigation process. Cases may have their own specific regulations for the litigants to follow, however, the same general outline will apply.
Usually, both parties will probably try to solve the matter discuss the matter with each other directly.
If they cannot come to terms, one or both sides will retain an attorney.
After reviewing the case, the attorney may send the other party a “demand letter.” A demand letter tells what the side receiving the message must do to avoid further legal action.
The party who receives a demand letter from the opposing side has some choices to make. They can answer by offering to do or pay less than requested. Furthermore, they can make demands of their own, or do nothing at all.
At this time, the litigating party has no obligation to cooperate and try to reach an agreement. It is why they may decide to settle the matter without going to court.
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