Litigation Strategy and Case Evaluation
Strategy and Planning
The approach contests liability, pursues dispositive motions, litigates discovery disputes, and tries cases rather than settling routinely. It aims to establish a reputation affecting future claim behavior.
It requires willingness to try cases.
Alternative Names:
Aggressive Defense|Hard Defense Posture
Why it Matters?
Credibility requires actually trying cases, since a posture of contesting everything followed by settlement on the courthouse steps teaches opposing counsel that the posture is theater. That means the approach has real cost in the matters that must be tried to establish it. Selectivity produces better results than uniform aggression, concentrating the posture on claim types where deterrence is achievable.
Frequently Confused with
Related terms
Frequently asked questions
What does credibility require?
What produces better results than uniform aggression?
