Litigation Strategy and Case Evaluation
Strategy and Planning
A theory of the case is a single, internally consistent explanation of what happened and why it means the client prevails. It accounts for the unfavorable evidence rather than ignoring it.
It determines what discovery is taken, which witnesses matter, what experts are needed, and how the case is presented at trial.
Alternative Names:
Case Theory, Defense Theory
Why it Matters?
A defense without a theory becomes a series of denials, which juries find unpersuasive because it offers no alternative explanation for a real injury. The strongest theories accept what cannot be contested and locate responsibility elsewhere, whether with the plaintiff, a nonparty, or an unavoidable circumstance. Theories that require the jury to disbelieve multiple independent witnesses rarely hold.
Frequently Confused with
Related terms
Frequently asked questions
What makes a theory of the case strong?
How does a theory differ from a theme?
