Chapter 1: Preparing for Litigation

Updated 2010

Litigation can be a powerful tool for solving problems for clients. It can also be expensive, protracted and, ultimately, unsuccessful. Affirmative litigation may be one option, while individual judicial review of agency decisions may provide an alternate route for addressing problems, each with its own risks and strengths. Other tools, such as legislative and administrative advocacy (both individual appeals and rule-making procedures), community education, direct action and use of the media, should always be considered along with litigation options. Before filing suit, the lawyer must first determine that a lawsuit is the best strategy, or one of several strategies, for solving the particular problem or attaining a specific goal. The purpose of this MANUAL is to assist legal aid lawyers in assessing and exercising the power of litigation most effectively./1/

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1. The Sargent Shriver National Center on Poverty Law maintains the Poverty Law Library, a brief bank of case documents available at the center’s website www.povertylaw.org. Clearinghouse Review: Journal of Poverty Law and Policy, published by the Shriver Center, is available to subscribers at www.povertylaw.org.

Updated 2010