Most attorneys begin their case analysis by systematically evaluating their position, recognizing the initial burden of proof typically rests with the plaintiff or prosecutor. The following steps guide this process:
- Assemble the plaintiff’s or prosecutor’s case, as they bear the burden of proof.
- Assess whether the evidence is sufficient to support proceeding.
- Assess the strength and coherence of the plaintiff or prosecutor’s case.
- Identifying issues in the plaintiff or prosecutor's case that can be challenged.
- Determine what evidence the defense has to undermine the plaintiff's or prosecutor’s case and support the defense’s position.
This structured approach is common among plaintiffs, prosecutors, and defense attorneys during their initial case evaluation, as a systematic way of assessing their case when it first comes in. It serves as the foundation for developing a pretrial litigation strategy and, if necessary, a more detailed Case Analysis.
