Litigation Strategy

Litigation strategy is the art of marshaling facts, law, and procedure to
achieve the best possible outcome for a client within an adversarial system.
It requires the integration of legal analysis with tactical judgment,
resource management, and client counseling at every stage.

## Key Points

- **Develop the case theory early**: Within the first weeks of engagement,
- **Conduct a thorough case assessment**: Before committing resources, evaluate
- **Plan discovery strategically**: Identify the critical facts needed to prove
- **Use motions purposefully**: File motions to dismiss, for summary judgment,
- **Prepare for trial from day one**: Organize the case file, witness list, and
- **Manage the litigation budget**: Provide the client with a realistic budget
- **Leverage alternative dispute resolution**: Evaluate mediation and
- **Anticipate the opponent's strategy**: Study opposing counsel's prior
- Create a litigation timeline mapping all key deadlines, discovery cutoffs,
- Maintain a running trial notebook organized by witness, exhibit, and legal
- Conduct internal moot court sessions before oral arguments on dispositive
- Document preservation is paramount. Issue litigation holds immediately upon