Understanding how lawsuits work before one strikes can help you be better prepared. A lawsuit usually isn't a surprise to either side. A dispute can arise long before lawyers get involved. This is the time to get advice from a good lawyer and explore alternatives to a lawsuit.
Litigation begins when the plaintiff files a complaint and the defendant responds.
Sometimes the plaintiff may believe a wrong has occurred, such as the breach of a contract. But the lawyer can tell if a legal claim exists or if it'd be difficult to pursue. If the claim is valid, the plaintiff's attorney files a complaint. This lets the defendant and the court know what the plaintiff claims the defendant did wrong, and why the plaintiff believes the court should rule in his or her favor. Once the defendant gets the official complaint and summons, the defendant's lawyer must respond.