Contents of Writings, Recordings, and Photographs

Consider the parties’ litigation tendencies. For example, do they consistently employ same the filing strategies, do they settle early, are they highly litigious, do they file an extreme number of motions to wear out the other party?

Identify judicial tendencies as well, such as, ruling patterns on legal issues which are critical to the case. Also obtain copies of relevant dispositive orders from similar cases.

Identify and gather documents relating to tendencies of opposing counsel, such as patterns in motion practice, previously employed strategies, success rates and experience with similar cases.

Search news and business articles, with a focus on negative news.

Step 5. Organize This Knowledge.

Organize and link the case facts, cast of characters and documents to your research and issues.

Review relationships between your facts, issues and research to identify case strengths and weaknesses and confirm that you can prove or defend the issues within your case.

List outstanding questions particular to your case to fill the factual and/or legal holes identified.

Step 6. Evaluate the Case and Discuss it with the Client.

With the facts and case law, the lawyer should be able to assess the likelihood of success, the approximate length of the litigation, the value of the case, as well as the anticipated costs.

The lawyers should manage client expectations by giving them a realistic report of your impression of the case. Good lawyers continue to update the client throughout the litigation, adjusting expectations when there are major issues which come up.

A lawyer should never, ever guarantee a specific outcome.