When beginning a case you generally want to Learn The Issues Before The Facts. Most attorneys start by identifying the issues through a review of key documents that summarize what the case is about and discussions with the client. After this they will move to a more thorough review.
In voluminous cases, it is helpful to create an outline that cites directly to the file. By this stage, you will usually have reviewed the matter sufficiently to begin a meaningful case analysis.
GENERAL STARTING POINT FOR CASE ANALYSIS
After reviewing the file, the next step is to develop your Theory, Themes, And Methods Of Proof. Attorneys typically organize the facts into three categories:
- Facts you must accept as true due to the overwhelming evidence;
- Facts that you want to challenge; and
- Facts you want to establish.
When testing the strength of a case, defense attorneys often begin by analyzing the facts they intend to challenge in order to assess the weaknesses in the opponent’s case. Prosecutors and plaintiffs, on the other hand, usually start by examining the facts that support their position to evaluate the strength of their own case.
UPDATE YOUR ANALYSIS OF THE CASE
Discovery often continues for an extended period, and attorneys frequently engage in last-minute discovery. As new information is produced, you should continuously update your case analysis. It is critical to remain objective during this process and avoid prematurely cementing your position. A case that appears strong early on may weaken as discovery unfolds (i.e. don't play a bad hand because it started off as a good hand).
