Authentication and Identification

business/industry, structure and strategic imperatives and assess the impact that litigation may have on the company.

Second, always identify early risks. Begin to organize strengths and weaknesses of the case, such as witness credibility, factual inconsistencies, evidentiary issues and business considerations.

Third, identify what you still need to know. Even after thorough early investigation, there are still unanswered questions. A lawyer should always ask “Do I have a prima facie case and, if not, what do I still need?”

Step 2. Initial Legal Investigation

After the factual analysis, the lawyer must identify procedural issues like the statute of limitations, jurisdictional, or geographic issues. Once the lawyer takes on the case, it is essential to identify and outline the legal issues. Determine your legal obstacles to winning: Is it possible to sustain a viable cause of action and/or defense? Conduct research for supporting case law, relevant statutes and codes.

Step 3. Determine Case Value.

The plaintiff and the defense both need to determine what the case could potentially be worth. This is accomplished by researching previous verdicts and settlement amounts in similar cases.

Plaintiff lawyers should also look at the previous cases specific to the defendant. Find out how other cases involving this defendant played out, which will help refine a possible range of values.

Review news and media concerning litigant cases, filings and other such matters (especially those that have been potentially suppressed).

Step 4. Identify Strategic Factors Which Could Impact the Case.