How a Lawsuit Works

The process of a lawsuit is lengthy and has a lot of different aspects attached to it that involve a variety of different people. Before a lawsuit is filed a pre-litigation investigation must be conducted to determine the merits of the lawsuit and the likely amount of recovery. A pre-litigation investigation will more than likely consist of a consultation between a client and his or her attorney to determine whether or not it would be best to file the lawsuit. Sometimes the pre-litigation investigation will also include the attorney contacting possible witnesses, reviewing documents, and conducting legal research.

Filing the Initial Lawsuit Complaint

Once the attorney determines that it is worth it to file a lawsuit, the client will file a complaint with the clerk of court. The complaint is the document detailing the accusations against a defendant or defendants. A copy of the complaint along with a summons is then served to the defendant named in the complaint. The nest step in the lawsuit process if the answering of the complaint. The defendant will deny the allegations against him or her. Then, the discovery process will take place.

Discovery in a Lawsuit

The discovery process will include interrogatories, request for admissions, request for physical or mental examination, records subpoena and deposition. The following step in the process involves pre-trial conferences. Pre-trial conferences are conducted in court before the trial takes place. The purpose of pre-trial conferences is for the judge to determine whether or not the case should be sent to arbitration or should actually go to trial. The judge will also set a possible settlement date and a date for when expert witnesses must be identified by either side of the case.

Settlement Conference: Settle the Lawsuit Out of Court?

Following the pre-trial conference there will be a settlement conference. A settlement conference can be voluntary or mandatory. Mandatory settlement conferences are scheduled by the judge during a pre-trial conference and the judge will preside over the settlement conference. The judge will meet with both sides of the lawsuit and give his opinion about the case. He will then try to facilitate a settlement between the two parties before it has to go to trial. A voluntary settlement conference will include the same items but it may be observed by a neutral third party attorney hired by both sides or by a retired judge. Arbitration and mediation are alternatives to settlement. Arbitration is presided over by a retired judge or attorney hired by the parties. He or she will hear all the evidence and both sides of the case and then will render a written decision. Mediation is the process of reaching a settlement with a retired judge or attorney who helps the parties discuss their differences. A trial will include:

• Pre-trial motions
• Jury selection
• Case in chief
• Instruction of jury
• Closing argument
• Deliberation and verdict

The role of the attorney in a lawsuit is to zealously represent the client in the litigation and to advise the client of all important developments in the case and how the merits and values of the case are affected. The role of the client in a lawsuit is to be readily available to assist the attorney in all phases of litigation including investigation, interrogatories, discovery and deposition.