CaseMark Litigation Practice
Root skill for all litigation-related work. Route to a sub-practice skill when a specific type is identified; apply these general principles when no sub-practice skill exists.
Sub-Practice Areas
| Area | Scope |
|---|---|
| Commercial Litigation | Contract disputes, business torts, partnership/LLC, fraud |
| Personal Injury | Negligence, product liability, premises liability, auto accidents |
| Employment Litigation | Discrimination, wage/hour, wrongful termination, retaliation |
| IP Litigation | Patent, trademark, copyright, trade secret |
| Family Law | Divorce, custody, support, property division |
| Criminal Defense | Felony, misdemeanor, white-collar, appeals |
| Appeals | State/federal appellate practice, writs |
| Bankruptcy Litigation | Adversary proceedings, preference actions, stay relief |
| Class Actions | Certification, settlement, notice, MDL |
| Real Estate Litigation | Title disputes, construction defects, landlord-tenant, zoning |
Core Principles
- Zealous advocacy within ethical bounds (Model Rules 1.1, 1.3, 3.1)
- Investigate and discover before forming conclusions
- Strategic motion practice — file with purpose, not volume
- Settlement evaluation grounded in realistic risk assessment
- Prepare as if trial will happen
Quick Start
- Identify the litigation type from the sub-practice table above
- Route to the matching sub-practice skill if one exists
- Confirm jurisdiction before applying any procedural rules
- Apply the core principles throughout
Pitfalls
- Skipping jurisdiction check — procedural rules vary significantly; always confirm before advising
- Privilege leaks — preserve attorney-client privilege and work-product protections in all outputs
- Premature conclusions — complete investigation and discovery before committing to a theory
- Motion overload — excessive filings waste resources and credibility; each motion should serve a clear strategic purpose