"I'd gladly take either side of any case, so long as I can pick the issues."
- Clarence Darrow
Deciding which issues to litigate is crucial. The strength of your case will obviously reflect the strength of the issues you choose.
STRONG CASES
If your case is strong, focus on your strongest arguments and consider abandoning weaker ones. Many attorneys try to raise every possible argument, either thinking each arguments gives me another chance to win, or fear of blame from a client or boss for not raising an issue. As long as your tactical reasoning is sound, it’s fine to leave weaker arguments aside.
If you start raising weak arguments, opposing counsel will likely use those weak arguments to undermine your credibility by implying you're grasping at straws. Focusing on your strongest arguments prevents these arguments from being grouped in with arguments that barely have merit.
It should be noted people sometime use a “straw man” argument to undermine their opponents. The “straw man” argument is when someone sets up their opponent’s argument in a way they can undermine and ridicule it. "Straw man" arguments are potentially objectionable in court, but if you bring weak arguments on your own they become fair game.
WEAK CASES
Sometimes you have a weak case, and there are no strong arguments to bring. In these situations you will have to go through you case to find what issues can be raised. If you find multiple issues that can be raised, you will want to raise the strongest issues first, and the weaker issues last. If possible it is preferable to have separate the argument, with your stronger arguments first, and your weaker arguments last. This will avoid grouping your stronger arguments with your weaker ones.
