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.
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.
