The majority of successful trial lawyers will agree that most cases have already “won” or “lost” before the trial ever begins. It is the pretrial process (in which facts and evidence is gathered, theories developed, witnesses are interviewed and deposed, and various motions are filed, argued, and decided by the judge) that takes the most time and effort for civil litigation attorneys (known as “litigators”). Litigation consists of preparing cases for trial, then presenting those cases at trial and conducting appeals if necessary. It is important to realize that 90% of all civil cases are settled without having to go to trial.