What Is a Theory of the Case for a Lawyer?

The theory of the case is what the lawyer believes is the most logical conclusion of the case which one can draw from all of the undisputed and disputed facts that he or she anticipates going to be placed before the court during the trial. The Lawyer will argue in the closing address that the evidence heard during the trial logically supports the theory and are consequently, his or her client’s case is the one most worth believing. Developing a case theory is one of the most important tasks for a lawyer to undertake because it gives a lawyer direction to all the strategy and tactics that he was she will the doctrine of preparation and presentation of the stages of the case. It will identify a number of factors such as what submissions are going to be majoring the closing address, what facts are undisputed, what facts are really an issue, what evidence in chief is going to be relevant and what areas of the opponents evidence will need to be challenged in cross examination. It therefore saves time effort and costs as a result of been able to focus on the real issues.
The first steps in the development of the case theory a win instructions are received in the matter. An enormous amount of intelligence gathering has to be carried out though before effective case theory can be established. In a civil case, for example, the information can come from an array of areas such as Prince of evidence, pleadings, particulars, discovery in a derogatory is, notices to admit, subpoenas and viewing scene. The lawyer may also have to sift through plans, photographs, reports, films, videos, technical instruction manuals, technical and scientific publications and so on the floor being able to come up with an effective case theory. It is important understand how your lawyer is working on the theory of the case, because this will help you understand what is actually relevant to the real issues in the trial of your civil or criminal matter.

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