Most attorneys begin case analysis by recognizing that the initial burden of proof usually rests with the plaintiff or prosecutor. Therefore they will start with analyzing the party with the initial burden, and then look at the other side to see if the defense can challenge their case. A systematic approach helps clarify the strengths and weaknesses of the case early on. Key steps include:
- Assemble the plaintiff’s or prosecutor’s case, as they bear the initial burden of proof.
- Assess whether the evidence is sufficient to justify proceeding.
- Identify weaknesses or issues that can be challenged during the plaintiff's case in chief.
- Assess what evidence the defense has to undermine opposing counsel's case and support its own position during the defense's case in chief.
This structured process is commonly used by plaintiffs, prosecutors, and defense attorneys when a case first comes in. It forms the foundation for pretrial strategy and, when necessary, a more detailed case analysis when doing a Case Analysis.
