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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.

personAuthor: jakexiaohubgithub
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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

| Area | Scope | |---|---| | Commercial Litigation | Contract disputes, business torts, partnership/LLC, fraud | | Personal Injury | Negligence, product liability, premises liability, auto accidents | | Employment Litigation | Discrimination, wage/hour, wrongful termination, retaliation | | IP Litigation | Patent, trademark, copyright, trade secret | | Family Law | Divorce, custody, support, property division | | Criminal Defense | Felony, misdemeanor, white-collar, appeals | | Appeals | State/federal appellate practice, writs | | Bankruptcy Litigation | Adversary proceedings, preference actions, stay relief | | Class Actions | Certification, settlement, notice, MDL | | Real Estate Litigation | Title 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