Litigation is negotiation—just at a different volume. That’s the real starting point for anyone considering whether to file a lawsuit in California. It’s not a total break from diplomacy or a signal that talks have failed. It’s the next move in a broader negotiation strategy—one with formal rules, procedural rigor, and consequences that demand clarity and preparation.
As Partner Richard Hamlin explored in his Billboard Insider article, lawsuits should never be viewed as a reflex, but as a strategic continuation of dialogue. You are still communicating—just through pleadings, motions, and courtroom advocacy. With that perspective in mind, here are six essential questions to ask before you take that next step.
Is Litigation Your Only Option? Exploring Alternatives
Before jumping into litigation, ask yourself if it’s truly the only option. A lawsuit is often a last resort. You may find better, faster, and less stressful results by first trying to negotiate directly with the other party or using Alternative Dispute Resolution (ADR) methods like mediation. Mediation can frequently lead to more satisfactory outcomes with less time, cost, and stress.
An Attorney’s Lens: 6 Key Questions to Ask Before You File a Lawsuit in California
Answering these questions can provide essential clarity:
1. How Strong is My Case, Realistically?
Objectively assess the merits of your claim (or your defense to claims against you). What specific facts and tangible evidence (documents, emails, witness testimonies) support your case? Is there a clear legal basis? Emotions can cloud judgment, so an attorney’s unbiased evaluation is invaluable.
2. What Are My True Goals and Desired Outcomes?
Define what a successful outcome means beyond just “winning.” Is it monetary compensation, an injunction to stop certain actions, or another specific result? Aligning your legal strategy with your actual needs and broader objectives is key.
3. Can I Afford This?
Understand the full financial costs if you file a lawsuit in California. This includes attorney fees, court filing fees, expert witness fees (if needed for complex cases), discovery costs (depositions, document review), and your own time investment.
4. What is the Emotional and Time Commitment?
Litigation is inherently adversarial and can be a source of prolonged stress and anxiety. It demands a significant investment of personal time for tasks like gathering documents, preparing for depositions, and attending hearings, which can impact your personal and professional life.
5. How Long Will It Take to Reach a Resolution?
While statutes of limitations still matter—California law imposes strict deadlines to file a lawsuit based on the type of claim—the bigger question is how long the entire legal process will take. Many clients underestimate the time commitment involved. In Los Angeles and surrounding areas, it can take 18 months to 2 years just to reach trial. If there’s an appeal, the process could stretch an additional year or more.
Understanding this timeline is critical, especially if you’re relying on a lawsuit to resolve an urgent business or personal issue. An experienced California attorney can help you weigh timing considerations before moving forward.
6. What Are the Potential Risks and Downsides of Suing?
Consider risks such as the other party’s claims against you, damaged personal or business relationships, the public nature of court records, and the fact that there are no guarantees of winning. You might also be responsible for the other side’s costs and, in certain types of cases, their attorney fees if you lose.
The California Filing Process
If you decide to file a lawsuit in California (or must defend one filed against you), here’s a brief look at the initial steps involved:
- Filing the Complaint: Formally begins the lawsuit by submitting a document that outlines your claims and the relief you’re seeking.
- Serving the Defendant: Officially notifies the opposing party of the lawsuit through proper legal channels.
- Defendant’s Response: The defendant may file an answer to your complaint or respond with motions that challenge the claims.
- Initial Discovery: Both sides exchange evidence through interrogatories (written questions), requests for documents, depositions (sworn testimony), and requests for admissions.
Each of these steps requires strict procedural compliance and strategic decision-making. That’s why we always recommend consulting an attorney before taking action. A legal professional can help you avoid early missteps, protect your rights, and build a stronger foundation for your case.
Your Strategic Navigator: Why Expert California Legal Counsel is Crucial
Filing a lawsuit in California, or deciding to defend one filed against you, is a serious step, and having the right legal team can make all the difference.
At Hamlin | Cody, we don’t treat lawsuits as mechanical processes. We treat them as strategic negotiations that require foresight, timing, and the ability to pivot when new information emerges. With decades of experience, Richard Hamlin and Marnie Cody help clients determine if litigation is worth it, and how to use it to your advantage if it is.
Whether you’re still evaluating your options, have been sued, or are ready to file, you can contact us here to begin with a focused conversation on your goals and risks.
Because in law, as in business, knowing when to escalate, and when to settle, can be the difference between progress and regret.