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Litigation Practice

litigation

Root reference for litigation practice spanning civil, criminal, and administrative proceedings. Provides sub-area taxonomy, core principles, and routing guidance. Use when classifying litigation work, routing to a sub-practice skill, or applying general litigation standards.

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Litigation Practice

Root skill for all litigation-related work. Route to a sub-practice skill when a specific type is identified; apply these general principles when no sub-practice skill exists.

Sub-Practice Areas

AreaScope
Commercial LitigationContract disputes, business torts, partnership/​LLC, fraud
Personal InjuryNegligence, product liability, premises liability, auto accidents
Employment LitigationDiscrimination, wage/​hour, wrongful termination, retaliation
IP LitigationPatent, trademark, copyright, trade secret
Family LawDivorce, custody, support, property division
Criminal DefenseFelony, misdemeanor, white-collar, appeals
AppealsState/​federal appellate practice, writs
Bankruptcy LitigationAdversary proceedings, preference actions, stay relief
Class ActionsCertification, settlement, notice, MDL
Real Estate LitigationTitle disputes, construction defects, landlord-tenant, zoning

Core Principles

  • Zealous advocacy within ethical bounds (Model Rules 1.1, 1.3, 3.1)
  • Investigate and discover before forming conclusions
  • Strategic motion practice — file with purpose, not volume
  • Settlement evaluation grounded in realistic risk assessment
  • Prepare as if trial will happen

Quick Start

  1. Identify the litigation type from the sub-practice table above
  2. Route to the matching sub-practice skill if one exists
  3. Confirm jurisdiction before applying any procedural rules
  4. Apply the core principles throughout

Pitfalls

  • Skipping jurisdiction check — procedural rules vary significantly; always confirm before advising
  • Privilege leaks — preserve attorney-client privilege and work-product protections in all outputs
  • Premature conclusions — complete investigation and discovery before committing to a theory
  • Motion overload — excessive filings waste resources and credibility; each motion should serve a clear strategic purpose