When faced with a legal issue in California, an attorney will encourage a consultation, either by phone or in-person, not to convince you that you should sue but to ascertain the nature of the dispute and the strength of your position. To do so, the attorney must obtain necessary facts and evaluate whether it would be prudent and in your best interests to litigate the issue. If your case does not involve a criminal complaint against you, then you are most likely facing an issue that will be handled in a division of the civil courts.
Civil litigation is the process of resolving legal disputes between individuals in a court of law. The person who commences the lawsuit is called the plaintiff. The person sued is called the defendant. However, litigation is not always the best way to resolve disagreements. For example, if you and another person enter into a contract and the other person does not perfectly perform under the contract, you might wonder whether you should sue. There are various ways of resolving disputes before going to court. Some people underestimate the power of simply sending a letter in order to encourage compliance or obtain compensation after they have been wronged.