Litigation is often full of unknowns for those who need a lawyer. We at Warren & Associates want you to feel comfortable throughout the process and understand what is happening, what is being said, and what is going to happen. This section of our website exists as a resource to help you know what to expect if you are unfamiliar with legal proceedings.

The Litigation Process

The litigation process will begin for you with an initial interview with one of our attorneys (at no cost to you). Our attorney will evaluate your complaint to determine the legal grounds for proceeding, or your "cause of action". Simply put, we will use our expertise to help you identify the legal basis, if any, for filing your lawsuit. At the conclusion of the initial interview, our attorney will explain your options to you.

If a lawsuit is filed, you will be required to do several things while our attorneys deal with initial proceedings behind the scenes. One thing we will ask you to do is to complete an Interrogatory - which you can read more about by clicking "Litigation Terminology" at the left of this screen.

Lawsuits can be time consuming. They can last from a few months to several years. There is really no way to predict in advance how much time it will take. Since our law firm is financing the cost of your litigation we are motivated to move your case along as quickly as possible, and during that time it is always our priority to serve your legal needs, protect your legal rights, and advise you on how to navigate the legal process successfully. Whether you are suing someone or being sued, a lawsuit is a complicated legal process, and it can be full of frustrating, and sometimes unpleasant, surprises and delays. For instance, although your attorney will move as efficiently as possible to schedule steps of the process with the other party, we will at times be delayed by the other party's scheduling constraints.

When we are working on your case we put our entire effort and attention into the process. Our lawyers as well as our legal assistants are completely familiar with your case, so if you have questions at any time, the quickest way to get a response is to email the legal assistant handling your case. If they cannot fulfill your needs, or if the lawyer handling your case is unavailable at the moment, the legal assistant will arrange a meeting for you with your attorney as quickly as possible.

Costs of Litigation

Depending on the type of lawsuit and the resources of the opposing litigant, costs can vary widely. They vary so widely that giving a general cost range would likely be misleading. For instance, some Wrongful Death, Personal Injury, or Products Liability cases require expenses that, by themselves, run into the hundreds of thousands of dollars. Most people who have been injured, victimized, mistreated or have a significant claim, simply do not have the financial resources to pursue this kind of litigation. That is why we charge a "Contingency Fee" - meaning that you pay nothing at all unless we collect a settlement or verdict for you. The contingent fee will be a percentage of any final award. These fees vary depending primarily on the facts of your case, the difficulty of preparation, and the magnitude of investment required to execute the case.

Litigation Terminology

INTERROGATORY: A deposition is a set of written questions that must be answered by a party to a lawsuit. The party must swear, under oath, that the answers are accurate to the best of his or her knowledge. Unlike a statement, these are specific and detailed questions.

Interrogatories can delve into all aspects of your case, including family finances and your personal life. Your lawyer and his or her legal assistant will help you answer your interrogatories, but you will have to supply most of the information to them. You are usually sent a copy of the questions with a request to pull together all that you can, then meet with your attorney or staff to prepare the final answers.

The answers to interrogatories are sometimes used during a trial to impeach your testimony. For example, if you give an answer to a question in trial and your answer is different from that which you gave to the same question in interrogatory format, it could lead the jury to doubt your honesty.


DEPOSITION: A deposition is the sworn testimony of a witness taken before trial held outside of the court with no judge present. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. The questions and answers are recorded and/or transcribed. When a person is unavailable to testify at trial, the deposition of that person may be used. Depositions are part of the pre-trial discovery (fact-finding) process.

Depositions are sometimes video-taped. In some instances they are also tape recorded as part of a video conference. In a video conference deposition, some of the attorneys may be in another city or state and question the witnesses over a live video hookup.

Your attorney will help you prepare for this process.


MEDIATIONS: Mediations are sometimes confused with arbitration. Arbitration is a process where a arbitrator, usually another disinterested lawyer, will hear all the facts informally. Like a judge, the arbitrator then makes a final decision based on what he or she considers most fair to all parties. The arbitrator's decision is final, with no appeal.

A mediation, on the other hand, is not binding on any party. It is an attempt to lead each party to a settlement, agreeable to all parties involved. A mediator, again usually an experienced lawyer, will coordinate an orderly exchange of information, offers and counter offers until there is agreement, or until all sides agree that there can be no agreement. The case then usually proceeds to trial and possible appeals. Mediation usually lasts no more than a day, but occasionally continues for days or weeks with settlement exchanges made through the mediator.

Client Involvement

If you are in the middle of Litigation at the moment, you may have been asked to log into our web site.