In litigation, every decision you make before the first document is filed can define your entire case. Like war, the early battles often determine who wins—and who pays for it.
As a California litigation attorney with over two decades of courtroom and settlement experience, I’ve seen too many individuals and businesses rush into lawsuits without strategy, preparation, or even a basic understanding of what they’re getting into. Here's how to avoid that.
⚠️ 1. Filing Out of Emotion Instead of Strategy
Litigation isn’t therapy. It’s a tool. And like any tool, it must be used with precision—not anger. Many lawsuits are filed prematurely, simply because someone wants to "send a message." The problem? That message often costs tens of thousands of dollars and results in a bitter stalemate or counterattack.
Before filing, ask yourself: What’s the endgame? Is it monetary? Injunctive? Strategic leverage? Start there—not with the heat of the moment.
📂 2. Not Preserving Evidence
Once litigation is anticipated, parties have a legal duty to preserve evidence. Emails, contracts, texts, surveillance footage—anything potentially relevant must be preserved or risk spoliation sanctions later.
I’ve represented clients who didn’t know this, and they paid dearly. If you’re even considering filing suit, start saving everything now.
🧾 3. Failing to Review the Contract First
Many lawsuits stem from contracts—leases, service agreements, partnership deals. But before filing, you need to read (or re-read) the contract with a lawyer's eye:
- Is there a mandatory arbitration clause?
- Is there a forum selection clause that would require filing in a different court or state?
- Are there attorney’s fee provisions?
Ignoring these can kill a case before it starts—or lock you into an expensive procedural mistake.
💰 4. Underestimating the Cost and Time
Litigation is expensive. Even a relatively “simple” case can cost thousands in filing fees, discovery costs, expert witnesses, and attorney’s fees. And cases don’t resolve in weeks—they often take months or years.
A good litigation attorney will help you weigh the cost-benefit ratio before filing. Sometimes the smarter play is negotiation or arbitration, not war.
🧠 5. Choosing the Wrong Lawyer—or No Lawyer
Some clients think any lawyer will do. Others think they can do it themselves. Both are high-risk decisions.
Litigation is a specialized skill. You need someone who understands evidence, procedure, strategy, and human psychology. Someone who’s not just aggressive—but effective.
The attorney you choose is your general in this battle. Choose wisely.
🎯 Considering Legal Action? Start with a Strategy Call.
At Brainard Law, we’ve helped clients navigate litigation in California courts for over 25 years. Whether you’re dealing with a business dispute, real estate conflict, or breach of contract, we can help you assess the strengths—and weaknesses—of your case before taking the next step.
📍 Contact us to schedule a consultation:
Christopher Brainard, Esq. – LawBrainard.com
📞 (310) 266-4115 | ✉️ christopherbrainard@gmail.com
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049. Tel: (310) 266 - 4115. Email: christopherbrainard@gmail.com]