Work that happens before filing
Pre-litigation is the stage between the moment a dispute arises and the filing of a complaint. Lawyers use it to investigate the facts, collect documents, identify the right parties, and evaluate whether a claim or defense holds up. A demand letter setting out the claim and the requested resolution is often sent during this stage, and insurers may become involved. Many injury, contract, and employment disputes settle before any court filing. Even when they do not, the groundwork done now makes the eventual complaint or answer stronger. It is also the stage where the cost of a dispute is easiest to control, because no court schedule has yet been imposed on either side.
Preservation and formal notice
Once litigation is reasonably anticipated, the parties generally have a duty to preserve relevant evidence, including emails, text messages, video, and physical items. A preservation letter to the other side puts it on notice to do the same, which matters for surveillance footage and electronic data that may be routinely overwritten. Some claims require formal notice before suit, such as a notice of claim against a New York municipality or public authority, and that notice can be due within a short period. Insurance policies typically require prompt notice of a claim or potential claim as well. Share your records with your lawyer as they are, rather than editing or summarizing them on your own.
Negotiating while the clock runs
Settlement talks generally do not stop the statute of limitations, and claims have been lost while the parties were still talking. If negotiations need more time, the parties can sign a tolling agreement that pauses the deadline by consent. Statements made in settlement negotiations are generally not admissible to prove liability, which allows candid discussion, though that protection has limits. Mediation before suit is another option when both sides are willing, and some contracts require it before a lawsuit can be filed. The first things we settle are the deadlines, the evidence to secure, and whether a negotiated resolution is realistic before anything is filed.
