Practical Considerations Before Bringing a Lawsuit
Author: Lindsay A. Compton
Date: December 29, 2025
The decision to bring a lawsuit is rarely just a legal one. While clients often focus on whether they are “right” or “wronged,” litigation is a process that requires evidence, time, energy, money, and trust. Before filing a lawsuit, it is worth taking a step back and thinking carefully about what the journey will actually look like.
Below are several practical considerations anyone should weigh before deciding to move forward.
1. Evidence: Can You Prove It?
One of the most important questions is not what happened, but what can be proven. Courts rely on evidence, not feelings or assumptions. Documents, emails, contracts, photographs, text messages, financial records, and credible witnesses often matter far more than personal conviction.
Even strong claims can fail without sufficient proof. Before pursuing litigation, it is critical to realistically assess:
What evidence exists today?
Will that evidence be able to be considered by the court?
Do you have any witnesses who are willing to testify on your behalf?
Is any key evidence in the possession of the adverse party?
Is any key evidence in is missing or unavailable?
An honest evaluation of the level of proof you possess at the beginning is important to make a choice on how you move forward.
2. Energy: Litigation Is Emotionally Demanding
Lawsuits take emotional energy. They often involve conflict, uncertainty, and prolonged stress. Even when attorneys handle the legal work, clients still must make decisions, provide information, review documents, and sometimes relive difficult experiences.
Ask yourself:
Do I have the emotional bandwidth for this process for the next two years?
How will ongoing conflict affect my work, family, or health?
Am I prepared for setbacks along the way?
Litigation is rarely straightforward and emotional endurance matters.
3. Time: Lawsuits Move Slowly
Most people are surprised by how long litigation takes. Months can turn into years. Deadlines shift, court schedules change, and delays are common.
Consider:
How long you are willing to wait for a resolution?
Will litigation interfere with your personal or professional goals?
What sacrifices are you willing to make to continue the fight?
IS there a line in the sand where you will end the fight?
4. Whether to Hire an Attorney
Not every dispute requires an attorney, but many do. If you do not hire an attorney, you will be expected to know the court procedures, civil procedure and evidence rules, and laws that govern your case. If you are initiating litigation on behalf of your business, the rules require you to hire an attorney to represent it, unless you file in small claims court. Being able to command the complexity of the law, procedural rules, and strategic decisions can significantly affect your outcome.
If you do hire an attorney, understand that:
Legal advice may not always align with what you want to hear;
A good attorney will sometimes recommend not pursuing a claim; and
Part of the attorney’s role is risk assessment, not just advocacy.
The value of legal counsel is often in helping clients avoid costly mistakes, not just in pursuing claims.
5. Cost: Financial Realities Matter
Litigation costs extend beyond attorney’s fees. Filing fees, expert witnesses, court reporters, discovery costs, and lost work time can add up quickly. Even when a case is strong, the financial investment may outweigh the potential recovery.
While attorneys can often provide estimates or ranges of expected costs, it is important to understand that litigation is inherently unpredictable. The course of a case is influenced by many factors outside any one person’s control, including the opposing party’s strategy, the volume of discovery, motion practice, court scheduling, and whether unexpected issues arise.
As a result, no attorney can accurately predict every cost a client may incur over the life of a lawsuit. What begins as a relatively straightforward matter can become more complex if disputes escalate, additional evidence is uncovered, or the case requires expert testimony or extended court involvement. Cost estimates are therefore best understood as informed projections—not guarantees.
A good attorney’s role is to communicate openly about potential cost drivers as they arise, help clients evaluate whether continued litigation makes practical sense, and adjust strategy when appropriate. Transparency and ongoing communication are essential to navigating both the legal and financial realities of a case.
Important questions to consider include:
What happens if the case settles early—or doesn’t settle at all?
Can I afford this process if it takes longer than expected?
Cost should always be weighed alongside likelihood of success and desired outcome.
6. Choosing the Right Attorney: A Collaborative Relationship
If you decide to move forward, choosing the right attorney is critical. Litigation is a collaborative experience. You are not just hiring technical skill—you are choosing someone to walk you through a difficult and foreign process.
When working with an attorney consider:
Demeanor: Do you feel heard and respected?
Communication: Are expectations of you and the attorney clear? Are questions answered in a way you understand and in a direct manner?
Cost Transparency: Do you understand how fees are structured?
Trust: Do you trust that what you are being told is candid advice, even when it’s not what you hoped to hear?
At times, an attorney may tell you that a case is not worth pursuing or that settlement is the best option. The question becomes: Who do you want beside you when those conversations happen?
Final Thoughts
Bringing a lawsuit is a serious decision with legal, emotional, financial, and personal consequences. Taking the time to evaluate evidence, energy, time, cost, and the right professional support can lead to better outcomes—or help you decide that litigation is not the right path. An informed decision at the beginning can save far more than it costs.
If you are considering whether to file a lawsuit, a thoughtful conversation can help clarify your options. Compton Law P.A. is available to discuss your situation and help you evaluate whether litigation makes practical sense for you.
