Question 1

How long does litigation take?

Accepted Answer

The duration of litigation varies enormously depending on the type of case, its complexity, the court's calendar, and the parties involved. In Pennsylvania, a straightforward breach of contract case might resolve in one to two years if it settles before trial. More complex commercial litigation cases can take two to four years from filing to trial. Cases involving multiple parties, extensive discovery, expert witnesses, or novel legal issues can take even longer. Federal court cases often move somewhat faster due to stricter scheduling rules. Throughout the process, there are opportunities for settlement at every stage, and many cases resolve before trial through negotiation, mediation, or summary judgment motions. At Smith Butz, we work to resolve cases as efficiently as possible, but never at the expense of our clients' interests. We provide realistic timeline estimates early in the case and keep clients informed of progress at every stage.

Question 2

What is the litigation process?

Accepted Answer

The litigation process in Pennsylvania typically follows these stages: Pre-litigation (demand letters, negotiation, and attempts to resolve the dispute without filing suit); Filing the Complaint (the plaintiff formally initiates the lawsuit); Answer and Preliminary Objections (the defendant responds to the allegations); Discovery (both sides exchange relevant documents, conduct depositions, and gather evidence—this is usually the longest phase); Pre-trial Motions (motions for summary judgment or to exclude certain evidence); Settlement Discussions (formal or informal attempts to resolve the case, including court-ordered mediation in many jurisdictions); Trial (presentation of evidence to a judge or jury); and Post-trial Motions and Appeal (challenging the verdict or judgment). At Smith Butz, our litigation attorneys are experienced at every stage and develop strategic approaches tailored to each client's goals, whether that means aggressive early settlement pursuit or thorough trial preparation.

Question 3

Should I settle or go to trial?

Accepted Answer

This is one of the most important decisions in any litigation matter, and the answer depends on numerous factors specific to your case. Settlement offers certainty—you know exactly what you're getting—while trial involves risk, as judges and juries are unpredictable. Factors to consider include: the strength of your legal position, the amount offered versus what you might win at trial, the costs of continued litigation (attorney fees, expert witnesses, lost time), the risk of an unfavorable verdict, the time and emotional toll of trial, whether there are non-monetary issues at stake (like setting a precedent or clearing your name), and the collectibility of any judgment. At Smith Butz, we provide candid assessments of settlement offers relative to the likely trial outcome, helping clients make informed decisions based on their specific circumstances and risk tolerance. We are prepared to try any case to verdict but also recognize that a good settlement can often serve our clients' interests better than an uncertain trial.

Question 4

What is discovery in litigation?

Accepted Answer

Discovery is the pre-trial phase of litigation where both sides have the right to obtain relevant information from the opposing party and third parties. Pennsylvania's discovery rules allow several methods: Interrogatories (written questions that must be answered under oath), Requests for Production of Documents (requiring the other side to produce relevant documents, emails, records, and other materials), Depositions (live testimony under oath, recorded by a court reporter, where attorneys question witnesses), Requests for Admission (asking the other party to admit or deny specific facts), and Subpoenas to third parties for documents or testimony. Discovery is often the most time-consuming and expensive phase of litigation, but it is essential for building a strong case. At Smith Butz, we conduct discovery strategically—focusing on the evidence most likely to support our client's position while efficiently managing costs.

Question 5

How much does litigation cost?

Accepted Answer

Litigation costs vary widely based on the complexity of the case, the amount at stake, the aggressiveness of the opposing party, and the extent of discovery required. Major cost components include attorney fees, court filing fees, expert witness fees, deposition and transcript costs, document production and review expenses, and trial preparation costs. Cases can be billed hourly or on a flat fee basis. At Smith Butz, we are transparent about costs from the beginning and work with clients to develop litigation strategies that are cost-effective while still protecting their interests. We provide regular updates on costs and work to achieve the best possible outcome as efficiently as possible. During your initial consultation, we will provide a realistic assessment of potential costs based on the specifics of your case.

Question 6

What is alternative dispute resolution?

Accepted Answer

Alternative Dispute Resolution (ADR) encompasses methods of resolving legal disputes outside of traditional courtroom litigation. The two most common forms are mediation and arbitration. In mediation, a neutral third party facilitates negotiations between the disputing parties to help them reach a voluntary agreement—the mediator doesn't make a binding decision. In arbitration, the parties present their case to one or more arbitrators who make a binding decision, similar to a private trial. ADR offers several advantages over traditional litigation: it's typically faster, less expensive, more private (no public court records), and allows the parties more control over the process. Many contracts now include mandatory arbitration or mediation clauses, and Pennsylvania courts increasingly require mediation before trial. At Smith Butz, our attorneys are experienced in both mediation and arbitration, and we also offer arbitration and mediation services ourselves. We help clients determine whether ADR is appropriate for their specific dispute.

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