Just Because You Can Doesn’t Mean You Should: Rethinking When to Take Legal Action

The Shift Toward Legal Action

Over the past decade, more people have turned to formal legal and regulatory processes to resolve everyday issues. Whether it’s a workplace dispute, a disagreement with a professional, or a service gone wrong, the impulse to “make it official” has become increasingly common.

Access to justice is important, and regulatory and civil systems exist for good reason. But not every problem requires a formal complaint or claim. Sometimes, pursuing one can be more time-consuming, stressful, and costly than the underlying issue itself. Exercising discretion before proceeding is not about avoiding accountability—it’s about ensuring the process serves your real goals.

Before You File

Before you decide to file a complaint or start a claim, pause and reflect on what you’re hoping to achieve. Are you seeking compensation, accountability, or simply acknowledgment that something went wrong? Have you tried to resolve the issue directly, through an internal process, or by speaking to the other party?

It’s also worth considering what evidence you have and whether it clearly supports your position. Even where filing fees are low, the emotional and reputational costs of litigation or regulatory proceedings can be significant. In some cases, the issue escalates once formal proceedings begin, especially where the parties have an ongoing relationship.

Finally, ask yourself whether the same result could be reached through negotiation or mediation. Many disputes resolve more efficiently through these approaches, saving both time and resources while maintaining control over the outcome.

If You’re on the Receiving End

Being the subject of a complaint or claim can be unsettling, particularly if you believe it’s unfounded or exaggerated. It’s important to respond calmly and strategically. Take time to review the allegations carefully, gather relevant documentation, and avoid reacting emotionally.

Exploring whether the issue can be resolved informally or through mediation may save considerable time and expense. Where the claim proceeds, obtaining early legal advice can help shape your response and protect your interests. Even if the complaint seems minor, early engagement often leads to better, faster outcomes.

Finding the Right Path Forward

Legal and regulatory systems are designed to balance fairness and accountability, but they can’t resolve every disagreement efficiently or perfectly. At times, the court’s hands may be tied—even though mechanisms exist to dismiss frivolous or vexatious matters, the bar can be high, and the process can be costly to pursue.

At Dover Legal, I help clients think strategically about whether and how to proceed. Sometimes, filing a complaint or claim is the right step. Other times, mediation, negotiation, or simply a well-documented discussion can achieve a better result.

If you’re unsure about your next step—whether to file, defend, or explore settlement—contact Dover Legal for guidance tailored to your situation.