Tuesday, October 12, 2010
Litigation Strategies & Tactics Brainstorming Resource
One of the greatest failures of most litigators is the failure to infuse strategic and tactical thinking into every aspect of practice. In part, this is a business model failure, where billing methodologies (hourly), high overhead and resulting schedule burdens lead to reactive, flat footed litigation. Removing this structural barrier to strategically and tactically sharp litigation was one of my key motivations when building The Law Office of Jeff Vail LLC. However, one can't simply remove the barriers to strategic and tactical innovation and expect brilliance to suddenly emerge! Instead, strategic and tactical thinking must be consciously infused into all aspects of a litigation practice. One of the most effective methods for doing this that I've found is--surprise--a "checklist" of sorts. More accurately, a brainstorming list--a set of ideas and concepts to spark brainstorming at the critical inflection points in any given litigation (e.g. developing a strategic plan, drafting a complaint, or preparing for a deposition or trial). I've published the beginnings of just such a brainstorming list for litigation strategy and tactics. Over the next several months, I plan to link each of these concepts to a brief article describing the concept and illustrating its application in the context of litigation.