Strategic Litigation

Courts can be battlegrounds. Strategic cases create precedents that protect everyone who comes after.

Pressure addressed: displacement, economic, leadership

Time: Cases take years to resolve

People: Legal team, plaintiff(s), support network

Resources: Legal team, funding, plaintiff support, multi-year commitment

About this tool

Not every legal case is strategic. Most are individual disputes. Strategic litigation is different, cases chosen to create precedents, establish rights, or force systemic change. The right case at the right time can transform the legal landscape. A ruling that establishes a right.

How to do it

  1. Identify strategic opportunity

    What legal change would benefit your community? What cases could create that precedent?

  2. Find the right case

    Facts that clearly illustrate the issue. Plaintiff who can sustain multi-year process. Jurisdiction that offers best chance.

  3. Build legal team

    Lawyers with relevant expertise. Ideally pro bono or funded. Committed for the long haul.

  4. Support the plaintiff

    Litigation is exhausting. The plaintiff needs emotional support, practical help, and protection from backlash.

  5. Coordinate with advocacy

    Legal and political strategies should reinforce each other. Media, organising, and litigation working together.

  6. Plan for all outcomes

    Wins and losses both need strategy. What if you lose at first instance? What if you win? Plan ahead.

Before you start

  • Legal team
  • Strong case facts
  • Multi-year commitment
  • Plaintiff support capacity

Implementation guidance

Starting point

  • Strategic case selection process
  • Experienced legal team committed
  • Plaintiff adequately supported throughout
  • Legal strategy coordinated with advocacy
  • Contingency plans for different outcomes
  • Precedent achieved or significant progress made

Building on it

  • Case identified with strategic potential
  • Legal representation secured
  • Basic plaintiff support in place

Advanced practice

  • Cases taken without strategic consideration
  • Plaintiff abandoned during process
  • No plan for adverse ruling

Non-strategic litigation wastes scarce legal resources on cases that don't advance broader goals. Abandoned plaintiffs suffer retaliation without support. Adverse rulings without contingency plans can set bad precedent that harms future cases.

Examples

Brown v. Board of Education

Strategic case to challenge school segregation in the US

Supreme Court ruling that segregated schools are inherently unequal, landmark civil rights precedent

Further resources