Commercial Litigation – The Pre-Filing Stage

In commercial litigation, the pre-filing stage encompasses any steps taken before filing the lawsuit. With the right legal counsel and circumstances, many commercial litigation proceedings do not necessitate moving past the pre-filing stage.

What Happens During the Pre-Filing Stage?

Depending on the details of your legal dispute, some or all of the following may occur during the pre-filing stage.

Client Consultation

At Todd Cushner & Associates, we engage in thorough discussions with our clients to understand their goals, concerns, and desired outcomes.

Initial Case Assessment

Evaluate the case’s merits, including the strength of legal claims and potential defenses.

Legal Research

Our team conducts in-depth legal research to understand relevant laws, regulations, and precedent cases.

Fact Investigation

Investigate and gather facts about the dispute, including reviewing relevant documents, contracts, and communications.

female lawyer shaking hands with businessman
young group of business people standing up and discussing

Demand Letter

Consider sending a demand letter to the opposing party outlining grievances, potential legal claims, and a request for resolution before litigation.

Alternative Dispute Resolution (ADR) Consideration

Before filing a lawsuit, we assess the suitability of alternative dispute resolution methods, such as mediation or arbitration.

Risk Assessment

Evaluate potential risks, costs, and benefits associated with pursuing litigation.

Client Counseling and Advisory

Provide the client with legal advice on the likelihood of success, potential outcomes, and the estimated timeline for resolution.

Settlement Negotiations

Attempt to negotiate a settlement with the opposing party through informal discussions or mediation.

Drafting Pleadings

Prepare draft complaints or other pleadings that will be filed with the court if litigation proceeds.

Final Decision

Make a final decision with the client on whether to proceed with filing a lawsuit.

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