Litigation strategy sequences the decisions that move a case toward a defined objective: which defenses to develop, what discovery to take and resist, which motions to file and when, whether to designate experts, and when to engage in resolution discussions.
It flows from the client's objective, which may be dismissal, a capped resolution, precedent, or minimizing total spend.
Alternative Names:
Case Strategy, Defense Strategy
Why it Matters?
Strategy fails most often not from bad tactics but from an undefined objective. A carrier seeking to close a file economically and a manufacturer defending a product line facing hundreds of claims require opposite approaches to the same facts, and the second may justify spending well beyond a single case's value. Establishing the objective explicitly at the outset is what makes every subsequent decision assessable.
Frequently Confused with
Related terms
Frequently asked questions
What should drive litigation strategy?
When should strategy be revisited?
