Legal disputes can be time-consuming, costly, and often damaging to business and personal relationships. While some conflicts are unavoidable, many can be prevented or resolved before they escalate into formal litigation. 

Pre-litigation advisory refers to the consultation and steps taken before filing a lawsuit or entering into legal proceedings. It involves offering legal advice, analysing the potential risks of a dispute, and exploring alternative methods of resolution, such as negotiation, mediation, or settlement discussions.

Pre-litigation advisory can be beneficial in various scenarios, including contractual disputes, employment issues, intellectual property conflicts, business disagreements, and even personal disputes like Divorce, Partititon Suits, property ownerships in HUF, etc.

Key Steps in Pre-Litigation Advisory

1. Assessment of the Dispute: The first step is to assess the nature of the dispute which includes gathering all the relevant facts, documents, and communications related to the issue. An experienced legal expert / Advocate will examine the dispute from both legal and practical perspectives to understand the strengths and weaknesses of each party’s position.
2. Identifying Potential Legal Risks: Once the dispute is understood, the Advocate will evaluate the legal risks involved. This includes considering the likelihood of success if the matter were to go to court.
3. Strategizing for Resolution: This includes drafting a formal letter of demand, cease and desist notice for trademark and copyright infringement cases, or a formal proposal to resolve the dispute or exploring mediation or arbitration as a means of resolving the dispute. The goal is to find an amicable solution that avoids the need for litigation.
4. Negotiation and Mediation: If both parties are open to resolving the issue outside of court like Mediation which involves a neutral third party who helps guide the discussion and works toward finding a mutually acceptable resolution.
5. Settlement Agreement: If a resolution is reached through negotiation or mediation, a legally binding settlement agreement is drawn up which outlines the terms of the agreements between the Parties, such as financial compensation, contractual obligations, etc. Once executed / signed, it can prevent further legal action.
6. Final Consideration: If all alternative methods fail and the dispute cannot be resolved outside of court, the next step may be to initiate formal litigation. However, by this point, the client is well-informed of their options and the potential risks, allowing them to proceed with litigation with a clear understanding of the process.

When Should You Seek Pre-Litigation Advisory?

Ideally, pre-litigation advisory works on simple principle that the sooner you identify and address the possibility of conflicts / disputes, the more likely to resolve it with an amicable solution. However, legal expert is required in ethical guidance rather than fake Advocate who drags the disputes unnecessarily in Court for his/her financial benefits.