Matthew Gailey • February 24, 2026

Understanding the Litigation Process: A Simple Guide for First-Time Clients

If you’ve never been involved in a lawsuit, the litigation process can feel overwhelming. Legal terms, court procedures, timelines, and costs can make it seem intimidating from the start.


The truth is, most people don’t deal with litigation regularly. So if you’re unsure about what to expect, you’re not alone.

This guide breaks down the litigation process step by step in plain English, so you understand what happens, what your role is, and how to prepare if you’re considering taking a case to court.


What Is Litigation?

Litigation is the process of resolving a dispute through the court system. It typically involves:

  • Filing a lawsuit
  • Exchanging evidence
  • Attending hearings
  • Possibly going to trial
  • Receiving a judgment

Not every dispute ends in a trial. In fact, many cases settle before reaching that stage. But understanding the full process helps you make informed decisions.


Step 1: Deciding Whether Ltigation Is the Right Move

Before filing a lawsuit, the most important question is:

Is litigation worth it?

Litigation can be:

  • Expensive
  • Time-consuming
  • Emotionally draining
  • Lengthy (sometimes lasting years)

You’ll need to gather documents, meet with your attorney, possibly give sworn testimony, and potentially appear in court.


Ask Yourself: What Do You Want?

A key question your attorney should ask is:

“What is your goal?”

Are you trying to:

  • Recover money you are owed?
  • Protect your business?
  • Enforce a contract?
  • Defend yourself against a claim?

If the amount at issue is relatively small, it may make more sense to attempt negotiation first. Sometimes a well-written demand letter can resolve a dispute without ever stepping into a courtroom.


However, if the harm is significant and cannot be resolved through communication, litigation may be necessary.

The key is understanding the risks and costs before you begin.


Step 2: Filing the Lawsuit (Choosing the Right Court)

If you decide to move forward, the next step is filing a Complaint, which is a formal document explaining:

  • What happened
  • Why the other party is legally responsible
  • What damages or relief you are seeking

Choosing the right court depends largely on how much money is in dispute.


In Pennsylvania, for example:
  • Under $12,000: You can file in a local Magisterial District Court (often called small claims court).
  • $12,000 to $50,000: Cases are typically heard in the Court of Common Pleas – Arbitration Division.
  • Over $50,000: Cases proceed in the Court of Common Pleas – Civil Division, where trials may involve a judge and jury.

What About Federal Court?

A case may be filed in federal court if:

  • It involves a federal law, or
The parties are from different states and the amount in dispute exceeds $75,000

Your attorney will determine the appropriate venue based on the facts of your case.


Step 3: Discovery – Exchanging Information

After a lawsuit is filed and the other party responds, the case enters a phase called discovery.

Discovery is the process where both sides exchange information and gather evidence. This may include:


1. Interrogatories

Written questions that must be answered under oath.

2. Requests for Production

Requests for documents such as emails, contracts, financial records, or other relevant materials.

3. Requests for Admissions

Statements the other party must admit or deny.

4. Depositions

Sworn testimony taken outside of court, usually in a conference room. A court reporter records everything said.


Discovery can take months and is often one of the most important stages of litigation. The information uncovered here shapes whether the case settles or proceeds to trial.


What Is Summary Judgment?

In some cases, one party may file a Motion for Summary Judgment.

This motion argues that: "There are no genuine disputes about the important facts, and the law clearly favors one side."

If the judge agrees, the case can be decided without a trial.  This can save significant time and expense, but it only applies in specific circumstances.


Step 4: Trial

If the case does not settle and is not dismissed through summary judgment, it proceeds to trial.


What Happens at Trial?

At trial:

  • A judge oversees the proceedings
  • Evidence and witness testimony are presented
  • Rules of evidence are strictly followed
  • A decision-maker (either a judge or jury) determines the outcome

After hearing all the evidence, the judge or jury deliberates and issues a verdict.

That verdict becomes a judgment, which is the official court ruling.


What Happens After Trial?

Even after a judgment is entered, the case may not be over.

The losing party may file an appeal, asking a higher court to review whether legal errors occurred during the trial.

Appeals do not retry the case. Instead, they focus on whether the law was applied correctly.


How Long Does Litigation Take?

Many people are surprised to learn that litigation can take:

  • Several months
  • Often 1–2 years
  • Sometimes longer, depending on complexity

Delays can result from court schedules, discovery disputes, or settlement negotiations.

Patience and preparation are essential.


Final Thoughts: Litigation Doesn’t Have to Be Intimidating

The litigation process can feel complex, but when broken down into stages, it becomes manageable:

  1. Evaluate whether it’s worth pursuing
  2. File the Complaint
  3. Go through discovery
  4. Resolve the case through settlement, summary judgment, or trial

The key is having a clear strategy and realistic expectations from the start.


If you are considering filing a lawsuit or if you’ve been served with one, speaking with an experienced attorney early can make all the difference.

Understanding the process is the first step toward protecting your rights and making confident decisions.  Call us today for a no-obligation consultation.

Cozza Law Group Business Law Blog

Understanding Shareholder Disputes and How They are Resolved

By Rocco Cozza • June 8, 2026
Shareholders set corporations apart from other types of businesses, and they often help companies achieve considerable levels of success. On the other hand, executives and directors often forget that each shareholder is a part owner. With so many owners, it is easy to see how complex shareholder disputes can become. The first step is to understand why and how these shareholder disputes arise. The second step is to resolve the dispute, potentially with guidance from an experienced business litigation attorney in Pennsylvania . Shareholder Disputes Arise Because of Shareholder Rights To understand shareholder disputes, you first have to understand shareholder rights. Common shareholders have voting privileges, which means they can control the trajectory of the company. Although some shareholders never bother to vote, others take these rights very seriously. The more shares you have, the more power you have to control major decisions. Shareholders also have the right to profit from the success of a company. Because of this, they have a financial incentive to oversee the company’s trajectory. If the company leadership starts to make mistakes or intentionally act against the interests of the shareholders, disputes naturally arise. Finally, shareholders rely on the accuracy of records and corporate books to make their investment decisions. For example, they might choose to sell or hold their stocks depending on the published earnings of a company. If these records are inaccurate or intentionally altered, the shareholders may make poor investment choices as a result. Now that you understand shareholder rights, it is easy to see how shareholder disputes might arise. Shareholders might sue if they feel that the company is making major decisions without bothering to hold votes. They might also sue if they feel that the leadership is acting against their best interests. Another type of lawsuit might involve shareholders suing a company for inflating their earnings and releasing inaccurate data. Shareholder Disputes Often Begin With Alternative Dispute Resolution Most lawsuits, including shareholder disputes, go through a process of alternative dispute resolution (ADR) before parties actually proceed to the courtroom. ADR may involve mediation or arbitration, and it takes the form of private negotiations. The shareholders may select legal counsel to negotiate on their behalf, as it would be impractical for thousands of individuals to sit at the negotiation table. In other situations, an individual shareholder might file a lawsuit on their own. In this situation, that individual might be present at the negotiation table alongside their legal counsel. ADR often serves everyone’s best interests, helping to resolve disputes without resorting to expensive and time-consuming litigation. Public trials are not good for business, and shareholders might be just as willing to resolve these issues in private as the executive suite. Arbitration clauses are often “built in” to the corporate bylaws or charter. In other words, parties may have no choice but to attempt mediation/arbitration before proceeding to a trial. That said, parties are under no obligation to successfully complete the arbitration process. One party could refuse to negotiate, and a trial would subsequently become inevitable. What are Some Common Types of Shareholder Disputes? Shareholder disputes may take various forms. All of these lawsuits fall into four main categories, however. An individual shareholder might file a direct lawsuit against the company. Another type of lawsuit might be a “derivative suit,” which involves the shareholders suing on behalf of the corporation. This type of lawsuit often targets a specific bad actor within the company, such as a self-dealing CEO. Class actions are also relatively common. In this type of lawsuit, numerous shareholders join forces to file a single lawsuit against the corporation, often under federal securities law. Finally, a dispute might take the form of an “appraisal proceeding,” which focuses on whether the company has received a fair valuation before a merger. How Does Pennsylvania Law Affect Shareholder Disputes? Pennsylvania law is quite deferential to the board of directors, granting it considerable control and authority. A common source of conflict in a corporation is the contrast between the “democracy” of the shareholders and the authority of the board of directors. Pennsylvania tilts the scales in favor of the board. First, Pennsylvania requires a shareholder to make a written demand to the board before they can file a derivative lawsuit. The board can then appoint a “Special Litigation Committee” to investigate the shareholders' claims and demands. If the committee determines that a lawsuit would go against the best interests of the company, courts in Pennsylvania may not allow it to continue. It is difficult to circumvent these requirements for derivative lawsuits in the Keystone State because of strict limits on direct lawsuits. Finally, Pennsylvania has no rule that states a board must place its shareholders’ interests above those of other relevant parties. These parties might include employees, customers, suppliers, and even the greater community or environment. This is not the same in other jurisdictions, making the Keystone State a “board-friendly” state that repels takeovers. In fact, it is considered by many to be the most management-friendly state in the country and one of the toughest places for shareholder plaintiffs to sue. While this is good news for boards facing shareholder lawsuits, the Keystone State’s protections are not infinite. Effective legal representation is necessary to take advantage of the jurisdiction’s legal safeguards. On the other hand, plaintiff shareholders can still achieve success in Pennsylvania, but they may need to rely on innovative, experienced business litigation lawyers in the face of strong regulatory barriers. Contact Cozza Law Group PLLC to Learn More About Shareholder Disputes While online research can provide plenty of insights into shareholder disputes, each case is slightly different. Given the varied nature of shareholder disputes, it may help to discuss your specific circumstances with a business litigation attorney in Pennsylvania . Cozza Law Group PLLC serves enterprises of all sizes, offering a fractional counsel model that provides legal guidance that fits your company’s unique needs. Continue this dialogue by contacting us at 412-453-8673 or visiting us online .

What to Do When a Business Partner Breaches a Contract

By Rocco Cozza • May 10, 2026
Business owners in Pennsylvania depend on clear contracts to formalize relationships and enforce obligations. When a business partner breaches a contract, the next steps may seem unclear. Perhaps you assumed that with a clear contract in place, your partner would never dare violate it. So what happens now? What kinds of penalties might your business partner face? Will you both have to go to court? How can you limit the cost of this contractual dispute and maintain your profit margins? These are all questions worth raising during a consultation with a contract lawyer in Pittsburgh . Review Your Contract to Determine the Next Steps The fact that you already have a contract in place is encouraging. This means that at the very least, your business partner will face certain consequences for breaching the contract. That said, the nature of these consequences depends entirely on your unique contract, and some are less effective than others in holding parties accountable for breaches. Perhaps the most obvious step is to confirm whether your contract has an arbitration or mediation clause. If a clause of this nature exists, you must go through alternative dispute resolution (ADR) before proceeding to a trial. If you are not familiar with the ADR process, you should know that resolving a dispute in private is generally preferable to litigation (trials). From a business perspective, private negotiations cost less. They are also faster, allowing everyone to focus fully on running their respective businesses sooner rather than later. Finally, the confidential nature of these discussions may help protect trade secrets, intellectual property, and other details that could be embarrassing or harmful for businesses. Many people feel that ADR is less stressful than trials. You should also check your existing contract for clauses that outline penalties for breaches. These penalties are often financial in nature, and they can dissuade business partners from violating their contracts. Sometimes, simply reminding business partners of these financial penalties is enough to encourage them to adhere to their contractual obligations. You can discuss potential penalties and outcomes with your business partner without involving a lawyer. This is often referred to as “informal resolution,” and it occurs before the ADR process begins. That being said, you may want to inform your lawyer of any plans you might have for resolving the dispute. If you are not careful, you could violate laws and regulations while negotiating in an informal manner. For example, you could inadvertently violate laws against extortion as you attempt to pressure your business partner into fulfilling the contractual obligation. Pennsylvania also has specific debt collection laws that prevent you from contacting debtors in certain ways or at certain times. Evidence Is Important During a Contract Breach Although you may not need to go to court to resolve the contract breach, it makes sense to begin collecting evidence as soon as possible. You should also be aware that your business partner is probably collecting evidence of their own at the same time. Be extremely careful about how you communicate with your business partner during this time, especially in emails, letters, and text messages. All of these written communications could become relevant in a later trial. Assume that your business partner is taking screenshots of your texts, saving your emails, and making copies of everything. If you’re concerned about saying something that could be problematic during a later trial, consider allowing your business litigation attorney to communicate on your behalf. The type of evidence necessary for a breach of contract lawsuit depends on the type of breach involved. If the breach involves a business partner, you may be facing issues like misappropriated funds, confidentiality breaches, leadership disputes, and failures to contribute equally to the business. In the event of misappropriated funds, financial records may be particularly important. If possible, make copies of bank statements and all other relevant financial documents as soon as you notice the misappropriation. If your business partner refuses to provide certain financial documents to you, rest assured that your lawyer can help you gain access through a pre-trial process called “discovery.” The court can compel your business partner to hand over the documents if they refuse to comply. If you are dealing with a confidentiality breach, you can also gain access to key communications through the discovery process. For example, your business partner might have shared trade secrets or intellectual property with an unauthorized third party through email. You can compel your business partner to hand over these emails, giving you the evidence you need to prove the breach. Perhaps your business partner started making important decisions about the business without your input. Maybe you feel sidelined, and you believe that your business partner is trying to take over the business while forcing you out. In this situation, you need to find evidence that your business partner started making key decisions without your input. If a majority vote was necessary, find evidence that this voting process never occurred. If you believe that your business partner is not doing their fair share of work, you should compile evidence that shows you are doing most or all of the “heavy lifting” when it comes to daily operations. Perhaps you believe that your business partner is profiting from your hard work while doing almost nothing to help the business grow. If your contract states that all partners should make a good-faith effort to contribute, this could constitute a legitimate contract breach. Can a Business Contract Lawyer in Pittsburgh Help Me? A business contract lawyer in Pittsburgh may be able to help if your partner recently breached your contract. While online research may help you understand what happens next, each contract is unique. Because of the varying nature of these contracts, it makes sense to discuss your specific circumstances with a legal professional. Cozza Law Group PLLC has consistently earned mentions in lists like “Pennsylvania Super Lawyers” and “Law Firm 500.” Our attorneys have experience in many different industries, and we have helped companies handle numerous contractual disputes. Contact Cozza Law Group PLLC at 412-453-8673 today to get started. You can also find us online .