Most attorneys begin their case analysis by systematically assessing their position, as they bear the initial burden of proof. The following steps typically guide this process:
- Start by assembling the plaintiff or prosecutor's Case, since they have the initial burden of proof.
- Determine if the evidence is sufficient to proceed.
- Examine and assess the strength and coherence of the plaintiff or prosecutor’s case.
- Identifying weaknesses in the plaintiff or prosecutor's case that can be challenged.
- Determine what evidence the defense can use to undermine the plaintiff's or prosecutor’s case and support the defense’s position.
Many experienced attorneys typically adopt a similar approach as this one during their initial case evaluation as a systematic way of assessing their case when it first comes in. This is true of attorneys representing plaintiffs, prosecutors, or defendants. This initial case assessment will be used to develop a pretrial litigation strategy, which will be used to develop a Case Analysis if it gets that far in litigation.
