This book is only available in PDF format 
Published: 30 October, 2006
Pages: 113

Introduction

“Litigation strategy” is used in this booklet to refer to the way in which choices are made during the conduct or defence of a civil claim. Usually lawyers already know, or can research, the relevant law and procedure. This seminar is concerned with practical decision-making when law and procedure present the lawyer with choices. The way in which these choices should be made will not usually be found in law reports or textbooks.

The seminar is confined to civil litigation. Time and space do not permit consideration of the more specialised forms of litigation involving appeals, family law, criminal law, employment, resource management etc. Nor does the booklet deal with the conduct of trials, which is essentially the field of advocacy, evidence and trial procedure.

Litigation strategy is considered from a number of perspectives – the economics of litigation, strategic decisions for plaintiffs before issuing proceedings, strategic decisions for defendants once proceedings are served, strategic decisions for both parties during the proceedings, and alternative dispute resolution strategy.

In addition to a general source of ideas for practitioners, it is hoped that this booklet will serve as a checklist worth consulting during each stage in the planning and conduct of proceedings.