by Farhad Novian | Jan 29, 2024 | Employment Law

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Civil Lawyers have a responsibility to advise clients on legal rights, responsibilities, and best course of action in various scenarios. 

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In the legal fields, you would encounter various terms including lawsuit and litigation. A lawsuit is a formal legal action initiated by an individual (the plaintiff) against another (the defendant) in a court of law. It arises when the plaintiff claims to have incurred loss or damage due to the defendant’s actions or inactions and seeks a legal remedy, such as monetary compensation or specific performance.

On the other hand, litigation is a broader term that refers to the process of taking legal action. It encompasses the entirety of the judicial proceedings. Litigation includes various stages such as investigation, discovery, trial, and appeal.

Some people believe that litigation occurs only in a courtroom. But in reality, Litigation includes all judicial proceedings and not just the trial. Some also use the word lawsuit to describe the whole legal dispute process. However, a lawsuit is a component of litigation and not the entire process. 

Lawsuit vs Litigation – What is Right for You?

Understanding the distinction between a lawsuit and litigation is crucial as they are often misconceived as interchangeable terms. Here are some key differences for better clarification: 

• Definition: A lawsuit is a legal case filed in court while litigation is the complete process of resolving a legal dispute. 
• Scope: A lawsuit is limited to civil cases. However, litigation encompasses the entire legal process. 
• Objective: When filing a lawsuit, you are seeking a court judgment or settlement for a specific dispute. But for litigation, to resolve a dispute includes court decisions, settlement agreement, and negotiations. 
• Occurrence: A lawsuit only occurs when a formal complaint is filed in court. On the other hand, litigations can occur before, during, and after a lawsuit is filed. 
• Attorney’s Role: In lawsuits, attorneys represent clients in court, file and respond to complaints, and advocate on their behalf. In Litigation, they guide clients through the entire process, from pre-litigation negotiations to post-trial appeals. They offer strategic advice on settlement agreements and representation.

What Are Lawsuits?

The purpose of a lawsuit is to resolve disagreements or damages the plaintiff believes were caused by the defendant’s actions or inactions. The plaintiff seeks a legal remedy requiring the defendant to fulfill an obligation.

When filing a lawsuit, the plaintiff must have a legitimate reason to bring the case to court. This is known as standing. It means they have been directly affected by the issue at hand. The lawsuit must also be based on a legal ground or claim. It could be a breach of contract, negligence, or violation of rights. 

Lawsuits operate on an adversarial system. It means each side presents its case and an impartial judge or jury determines the outcome. 

Common reasons for filing a civil lawsuit include contract claims or disputes, personal injury, employment disputes, property disputes, and consumer complaints. 

In filing a lawsuit, you must first consult a lawyer to discuss the merits of the case. At Novian & Novian, we have expert attorneys who can help you with your lawsuit. We help you prepare and file legal documents called complaints. 

In the process of filing a lawsuit, the defendant is formally notified of the lawsuit through a process called service of process. The defendant must respond to the allegations, either by agreeing, denying, or presenting a counterclaim.

If the case is not settled out of court, it proceeds to trial where both sides present their arguments and evidence. After the trial, a judgment is issued. The losing party may have the option to appeal the decision.

Into The World of Litigations

While a lawsuit is a formal court case brought by one party against another, litigation refers to the entire legal process surrounding disputes. Litigation is the process of resolving disputes or defending rights through the legal system. It encompasses the entire sequence of actions taken in legal disputes, from investigation and pre-litigation negotiations to trials and appeals. Litigation is not limited to what happens in court but includes all legal maneuvers and procedures that occur before, during, and after a lawsuit.

Litigation starts with the pre-litigation negotiations stage which attempts to resolve the dispute before going to court. Discussions or mediations are the methods used for this stage. 

If negotiations fail, the plaintiff files a formal complaint against the other party (the defendant) in court, initiating a lawsuit. The next stage is the discovery stage where the two parties investigate the facts of the case. It includes depositions, interrogatories, and requests for documents.

The case goes to trial if it is not resolved during the earlier stages. Here, the two parties present their evidence and arguments before a judge or jury. After the trial, there may be appeals, where the decision can be challenged and reviewed by a higher court. Once all appeals are exhausted, the final judgment is enforced.

For expert advice on navigating litigations and the legal landscape, reach out to us today! We have lawyers who are ever ready to act in your best interest!

Examples of litigation scenarios include commercial litigation, personal injury litigation, environmental litigation, public interest litigation, intellectual property litigation, family law litigation, and civil rights litigation.

Navigating Legal Challenges With Novian & Novian

We’ve highlighted differences between a lawsuit and litigation in this article. This knowledge empowers individuals and businesses to make informed decisions, understand the process they’re involved in, and better communicate with legal professionals.

Working with a lawyer from Novian and Novian would be in your best interests as we have extensive knowledge in various legal areas. We also provide personalized attention to each case and work on building a relationship based on trust and transparency with all clients. 

Reach out to us now if you’re facing a potential legal dispute or lawsuit. We are also here for you if you need to understand your rights and obligations in a complex situation. We also guide you through the process of signing contracts or making significant decisions with legal implications. 

We are here to be your trusted partners!