HOW TO ANALYZE THE STRENGTHS AND WEAKNESSES OF A CASE  Attorneys know the strengths of their respective cases; the weaknesses, however, are sometimes overlooked. To evaluate and identify the factual and legal strengths and weaknesses of a case, create a table, with one column for the elements of the cause of action or defense, a second column for the testimonial evidence that corresponds to that element or defense and a third column for the supporting exhibits. The elements are obtained from the applicable code, approved instructions or common law and…

A MEDIATION CHECKLIST  There are tactical and ethical considerations involving mediations. The following discussion emphasizes both aspects.  Talk to the client about mediation and its benefits and negatives. The ABA’s Section of Litigation, in Guideline 3.1.1, provides that “A lawyer should consider and should discuss with the client, promptly after retention in a dispute, and thereafter, possible alternatives to conventional litigation, including settlement.” Clients should also be told about the risks of litigation, including trial, mediation costs and the financial advantages and disadvantages…