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Criminal Defense & Plaintiff Advocacy Blog
Criminal Defense & Plaintiff Advocacy Blog

CASE ANALYSIS

When beginning a case you're generally going to want to Learn The Issues Before The Facts. Most attorneys will start identifying the issues with a review of the readily available documents (often called key documents), and talking with their clients. From here they will try to figure out the issues. When reviewing a voluminous case you should create an outline citing to the file. At this point you will likely have reviewed the case well enough to start your case analysis.

GENERAL STARTING POINT FOR CASE ANALYSIS

After a review of the file the next step will generally be to develop your Theory, Themes, And Methods Of Proof. Attorneys will generally go through the file, and put the facts into one of the following three categories: 1) Facts you must accept as true due to the overwhelming evidence; 2) Facts that you want to challenge; and 3) Facts you want to establish. When testing the strength of your case the defense will generally start their analysis based on the evidence they want to challenge, in order to test the strength of their opponent’s case. The prosecutor/plaintiff will generally start with the facts supporting their case to test the strength of their own case.

UPDATE YOUR ANALYSIS OF THE CASE

Discovery usually goes on for a long time, and attorneys often scramble to do last minute discovery. As new discovery comes in you should update your case analysis. It's important to stay objective as you update your analysis, and don't just cement your position. Sometimes you tell your client they have a good case only to have it fall apart months later.

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Aaron Baghdadi