The litigation assignments in this book (Chapters Two, Four, Six, Eight, and Ten) start from the premise that the answer to every important legal question is “It depends.” Therefore, as a litigator, your first task is to figure out what it depends on. After that, you need to gather what you need to put your case in the best possible position to reach a reasonable desired outcome.

As you will see from the litigation chapters, the strategic process begins with gathering the necessary facts to tell your client's “story” from start to finish (Chapter Two: How to Draft a Complaint). Sometimes it involves the application of a dispositive rule that might win your case as a matter of law (Chapter Four: How to Draft a Motion). Other times it involves strategic choices about what to say and what not to say (Chapter Six: How to Respond to a Motion). Periodically, you will also need to step back from your advocacy and consider your strategic position from the perspective of the most important target audience: the judge (Chapter Eight: How to Draft a Judicial Opinion). Finally, you need to avoid getting trapped by short-term tactics and instead keep your strategic eyes on the litigation prize (Chapter Ten: How to Draft a Motion for Summary Judgment).