Every tort case begins with a dispute or controversy that cannot be resolved in a less formal manner. A person who feels that he has been injured by another may begin a civil action. The person filing the suit is called the plaintiff, and the person against whom the suit has been filed is called the defendant. Prior to actually filing a suit, the plaintiff will usually consult a lawyer, who will advise him about the soundness of his case. If the lawyer feels her prospective client has a good case, she may either agree to handle it personally or refer him to someone else who specializes in the kind of case in question. Lawyers often agree to work on the basis of a contingency fee, which means the lawyer is paid only if the client’s claim is successful. Should he lose, the client pays only for court fees and other expenses involved in pursuing the case. Often the plaintiff’s lawyer will initially suggest an informal resolution of the conflict. She may call or write to the defendant to convey her client’s intent to sue and will thus be persuaded to settle out of court. The defendant, in turn, may have retained his own lawyer in anticipation of the plaintiff’s action. It is quite possible that after the lawyers for both sides confer, an informal agreement can be worked out, thus avoiding the formal legal process. A majority of cases are resolved after some informal negotiating by the lawyers involved or after referral to some alternative dispute resolution program.