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In this lesson, you will learn how to strategically choose a tactic based on your goal and how to act on that in your case.
Setting a goal
- Establish a goal that is clear, well defined, achievable, desired, and precise.
- Litigation goals might include justice, settlement, delay, or a favorable judgment
- To set your goal, know where you are in the case, what’s been filed and the next steps to take.
Planning tactics and procedures for your goal
- If your goal is justice, your tactic might be to harass. One way to proceed might be to use interrogatories or requests for the production of documents to obtain information your opponent may not want to reveal.
- If your goal is to settle, a tactic might be to raise litigation expenses so that your opponent will want to give in early. Make your opponent spend money and his lawyer bill. Consider interviewing witnesses for depositions or forcing your opponent to hire forensic examiners to review documents.
- If your goal is to delay, your tactic might be to raise extraneous issues without being frivolous. If you’re a defendant, file a motion for an extension of time to answer the complaint or produce a long list of affirmative defenses. Review all documents with a fine-toothed comb and nitpick over everything to see if you have grounds for a dismissal, a motion to quash the complaint, or a counterclaim.
- If your goal is to get a favorable judgment, your tactic may be to focus on the core elements of the case and the law and not get sidetracked. If your tactic is to focus on core elements, you will need to respond adequately to all motions and pleadings, attend and be prepared for scheduled hearings, and avoid summary judgment or dismissal against you.
Transcript
Once you have a goal, think of a strategy or tactic for your goal. What steps would you take? What documents would you file and when?
If what you want is justice in that you don\’t want to be kicked around or you want to teach your opponent a lesson, Your tactic might be to harass.
One way to proceed is to use interrogatories or requests for production of documents to obtain information your opponent may not want to reveal.
If your goal is to settle, tactic might be to raise litigation expenses so that your opponent will want to give in early.
Make your opponent spend money on his lawyer bill.
Consider interviewing witnesses for depositions or forcing your opponents to hire forensic examiners to review documents.
If your goal is to delay, such as in a foreclosure case where you want to stay in your house for a length of time, your tactic might be to raise extraneous issues without being frivolous If you\’re a defendant, file a motion for extension of time to answer the complaint or produce a long list of affirmative defenses.
Review all documents with a fine tooth comb and nitpick over everything to see if you have grounds for a dismissal, a motion to quash the complaint, or a counter claim.
If your goal is to get a favorable judgment, your tactic may be to focus on the core elements of the case and the law and not get sidetracked.
You don\’t want a delay, but you want to stay in long enough to get a judgment in your favor.
If your tactic is to focus on core elements, you will need to respond adequately to all motions and pleadings, attend to be prepared for scheduled hearings, and avoid summary judgment or dismissal against you.