Litigation Actions

While all courts and commissions have their own steps and procedures, some overarching similarities can be drawn. This section highlights considerations that should be addressed in all systems.

Throughout strategic litigation, organization and attention to detail are key:

  • Maintain accurate and thorough filing systems;
  • Pay close attention to and map relevant judgments and decisions; and
  • Coordinate effectively with all parties collaborating on a case.

It is crucial to maintain healthy channels of communication between all parties working on a complaint. Moreover, facilitate client participation by taking into account potential barriers such as travel distances, costs and phone charges.

The first step after completing the pre-litigation actions is to prepare an initial complaint detailing the facts of your case in an outline that includes the pertinent evidence and legal standards necessary to be successful on your claim.

Once your complaint has been submitted it is important to stay involved with the ongoing action. This includes keeping close contact with the litigation team members and the client(s) and tracking developments in the relevant jurisprudence.

Before the final decision is issued make sure you have submitted at least one amicus curiae brief to the court and stay in constant contact regarding the status of your case, especially if it appears to have stalled. Additionally, facilitate contact between reporters and lawyers working on the case.

After a final decision has been issued on your case, follow-up with your litigation team regarding areas for improvement and report the decision to the appropriate human rights monitoring group.