Taking Action Before Litigation
Filing a lawsuit is often a major step in resolving a dispute between parties. Indeed, litigation is usually a very public process, and taking a matter to court could reveal private details about a dispute between litigants. Moreover, there are often attorneys’ fees and court costs associated with filing a lawsuit. However, taking action before litigation is advisable in a number of situations, and this could help parties resolve disagreements before taking a case to court.
Talks Between the Parties
Before parties hire attorneys and begin to consider a lawsuit, discussing the matters between the parties themselves is usually a good means of taking action before litigation. Oftentimes, parties are amenable to resolving many types of disagreements before they need to incur the cost of hiring counsel to escalate a dispute. If you have a connection with the party with whom you have a disagreement, it is possible to reach a resolution without drafting litigation papers. Of course, it is oftentimes advisable to have counsel look at any settlement agreements once a resolution is reached to ensure that interests are protected even after a resolution has been negotiated.
Usually, parties do not have a good relationship with the party with whom they have a dispute. This can make taking action before litigation difficult, since it is hard to start a dialogue with certain parties. In such situations, it often pays to speak with an intermediary whom both parties know. Some intermediaries can help smooth over tensions and act as a go-between so that parties can communicate about their disagreement in a less confrontational manner. After such discussions have failed to reach a resolution, it makes sense to speak with an attorney to take further efforts to resolve a dispute.
Attorney Demand Letter
The next step when taking action before litigation is for an attorney to draft a demand letter. Oftentimes, people are more willing to respond to an attorney demand letter than if the party simply sends a letter or an email demanding relief without counsel. This is because an attorney demand letter shows that a party has taken the time to consult with an attorney and is willing to escalate the dispute. In addition, an attorney demand letter often lays out reasoning behind the relief requested and how this is supported by the law and facts.
Usually, an attorney demand letter also notifies parties that they have a legal obligation to preserve evidence relevant to a matter. If parties intentionally or negligently destroy relevant evidence after being notified about a claim, they can be sanctioned. In addition, an attorney demand letter often instructs the recipient to provide the letter to their attorney or insurance carrier so that further conversations with the appropriate personnel can try and resolve a dispute before litigation.
Oftentimes, attorney demand letters are sent by certified mail so that there is proof that the recipient received the letter, which can be especially important when trying to prove that they destroyed relevant evidence. Sometimes the letter is sent by regular mail as well in case the recipient does not sign for the certified letter. In addition, it is oftentimes wise to email the letter to the recipient or personally deliver the letter so that the recipient received the communication. A skilled attorney should know not only what to include in a demand letter, but how to best deliver the letter to make sure that it is received by the recipient.
Draft Litigation Papers
The next step for taking action before litigation is draft litigation papers and send them to the party with whom another party has a dispute. Oftentimes when a party is served with the papers that will be filed if they fail to settle a dispute, they will be more likely to resolve a matter without resorting to litigation. Serving draft litigation papers shows that a party has taken the time and effort to set litigation in motion and organize all of their claims in relation to a dispute. Also, litigation papers often include all of the support that a party has for claims that they may make in litigation.
Litigation is an extremely public process. Once a party is sued, their name and information about their affairs will become accessible by members of the public. Sometimes seeing the papers that will be filed may convince a party to forgo litigating a dispute in favor of resolving a matter before a matter heads to court. Normally, the papers that are sent to another party includes the draft complaint, which lists all of claims against a party and the facts that support such a claim. Also, a party may serve the draft summons which will be served on a party after litigation is initiated compelling that party to answer the lawsuit in court. In addition, parties oftentimes serve exhibits and other documents that are filed along with the papers used to initiate a case. Although it takes more time and effort to write litigation papers than merely drafting a letter, this step often has a higher likelihood of success.
The Rothman Law Firm has substantial experience taking action before litigation and filing lawsuits on behalf of clients. If you are looking for an experienced New York and New Jersey litigation lawyer, please feel free to contact The Rothman Law Firm to request a free consultation.