Preliminary Considerations

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Although formal litigation begins when a lawsuit (a complaint) is filed in court, a litigator's ethical, practical and business considerations and procedures begin prior to that event.  Ethical obligations prohibit attorneys from filing lawsuits that have no legal basis.  Ethical obligations prohibit attorneys from filing lawsuits that have no legal basis.  Ethical obligations also prohibit attorneys from representing clients where a conflict of interest exists.  Practical considerations require that pursuing a lawsuit be feasible and cost effective, both for the attorney and the client.  Once an attorney decides to accept a case, standard business procedures must be established.  Oftentimes these business procedures must also comply with ethical requirements imposed on attorneys.