Chapter 1: Preparing for Litigation

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, the Documentary Supplement to this MANUAL featuring annotated litigation documents in Lightfoot v. District of Columbia, and the associated chart listing useful cases in the Poverty Law Library found at www.povertylaw.org, is to assist legal aid lawyers in assessing and exercising the power of litigation most effectively./1/

1. References to the Lightfoot case are to the annotated litigation documents and judicial opinions in the Documentary Supplement. 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 2006