legal strategy definition
It will help achieve the company vision, mission statement and embed the values of the organisation at the heart of the in-house legal team. New Articles Recent posts or updates on Simplicable. The strategic goal may be the verdict, or the damages or sentence awarded in the case. The science and art of using all the forces of a nation to execute approved plans as effectively as possible during peace or war. The resulting imbalance has led to academic criticism of the use of advanced strategic techniques. March 2002. conceive, imagine. Blackwell Publishing, 2002. Although there are many similarities in the definitions above, there are also some important differences. It is conventional management wisdom to say that businesses must have a strategy in order to succeed. What Does Pricing Strategy Mean? Basic litigation strategies organize a case so that it has a cohesive focus. At the same time, the attorneys must protect their own decision-making while retaining a degree of control over the evolving situation. We are left, then, with no clear-cut, widely-accepted definition of strategy; only different views and opinions offered by dif- 4 Eccl. University of Chicago. About This Guide This guide will walk a beginning researcher though the legal research process step-by-step. Strategy has therefore, as it were, invaded business discourse and spread from broad concepts of corporate planning to such matters as marketing, advertising, human resources, accounts receivable collections and on to every specialty of business, suggesting that everyone is now a strategic thinker, not just the person at the top. Available from http://www.law.uchicago.edu/academics/publiclaw/resources/34.crs.conformity.pdf. Their fundamental goal is to achieve a competitive advantage.When a company has an edge over a rival or rivals in the provision of a product or service, it has a competitive advantage. In a company principally interested in short-term returns, for instance, individual strategies reliant on capital investments over longer periods will fare more poorly than highly leveraged approaches. Though legal advice was clearly given, the court found that the shared commercial interest in the success and legality of the ad campaign did not equate to a coordinated legal strategy sufficient to invoke the common interest doctrine. How to use strategy in a sentence. Journal of Industrial Economics. Such a stance, of course, requires high-level executives who actually understand a business rather than shining in some specialty like finance or marketing. In a fluid situation, any levers or aims rendered obsolete by changes in the situation are swapped out, retaining the bulk of the previously analyzed and validated plan intact, and providing a clear focus for the branch plan or substituted actions.  The counterargument is that strategy can correct already-existing imbalances in the system, allowing a sole or two-attorney law firm with an indigent client to level the playing field against a large law firm with a wealthy corporate client, and allowing attorneys with little trial experience to effectively try cases against vastly more experienced opposing counsel. Consciously formulated strategies are superior to "traditional" approaches only if the planning is insightful, well done, and adapted to the circumstances. Retrieved on 31 May 2006. Sharpe, 2006. Definition of Strategy. Because of the uncertainty inherent in trial practice, the litigatorsâ strategic plan must be powerful, yet flexible, to remain effective. The theory is often expressed in a story that should be compellingly probable.. The strategy worked very well for its time and consequently has led to widespread imitation. While litigation presents opportunities for information denial through the rules of privilege and work product, even more opportunities to shape the conduct of opposing counsel and hostile witnesses arise in the orientation phase. With this organizational tool, attorneys list the elements of the case they are required to prove (or intend to disprove) then list all the evidence they intend to leverage in support of each element. It was called The Southland Corporation then and did not adopt its current name until 1946, choosing the name then because its stores were open from 7 a.m. to 11 p.m.  Psychology offers deep insights into how individuals perceive and misperceive information. For these reasons "strategy" is not a cure-all for a business in trouble, large or small, but a technique of discovering solutions and setting a course. Without a strategic plan your legal department is unlikely to get out from under Sisyphean busywork to accomplish meaningful improvements or demonstrate its â¦ Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Sloan, Alfred P. My Years with General Motors. The science and art of military command as applied to the overall planning and conduct of large-scale combat operations. Theme and theory become strategic tools when they serve as the core for the organization of the case; when every aspect of the trial, including the actions and reactions of the adversary, are organized and incorporated in support of them.
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