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1.3.1 Strategy Drives Tactics

• Available Evidence
• Analysis Examining the nature of the dispute to it to determine its essential features; acquisition and evaluation of evidence and assessment of its significance, implications, foundations, and sources.
  • Facts
    • What documents exist?
    • What do documents say?
    • Who are the witnesses?
    • What do witnesses say?
    • What is the chronology?
• Theory of Case
  • Facts + Law
  • Synthesis Combining constituent elements into a single, unified entity; a complex whole formed by organizing and sequencing the evidnece and legal arguments into an optimized coherent position.
    • What are the legal elements of the claims and defenses?
    • What are the specific rules of substantive, procedural and evidentiary law pertain?
    • How, specifically, will you wi this case?
• Order of Proof
  • Presentation Design
  • Development Designing, scripting, scheduling and prepare logistically for the trial or other presentation of evidence and legal argument.
    • Which witnesses will be called, and in what order?
    • To what will each witness testify?
    • What documents or other evidence will each witness-sponsor into evidence or be used to illustrate and support their testimony
• Litigation Tasks
  • Tactical Measures
  • Action Completing tasks necessary to effectively present the case and to minimize effectiveness of opposing case.
    • Case planning in stages
    • What specific tasks must be performed, when, and by whom?
    • Have steps been authorized, delegated, and scheduled?