This research is done to solve the law’s problems happening in the pre
lawsuit which is done by the attorney, such as the factor becoming basic of
attorney’s consideration and problems to do a claim in the criminal theft case. The
goal of this research is to get data about the solving of the problem above. This
research is done by normative method using primary and secondary data sources,
and data collection method using interview and library studying, also qualitative
analysis method. The result of this research is known that pre lawsuit is the
primary step in solving the problem before the attorney gives the sheet to the
court. Beside that, there are many other cases which is faced by the attorney in
doing the pre lawsuit, such as there are many investigating letters which is not
continued with criminal case sheets submission or notification about stopping the
investigate, many case sheets which are returned to be completed but is not
submitted to the attorney yet. So, for the suggestion to increase the attorney’s
competence especially the State Attorney in Sleman, should be held the discussion
about this problem if there is an opportunity to gather among the attorney who is
contributed.