litigation strategy

At it’s core, litigation strategy is intelligence acquisition

As Sun Tzu wrote, “Every battle is won or lost before it is ever fought.” Litigation is no different. The side that understands its opponent, knows the terrain, and controls the story, has the decisive edge. Whether you are pursuing someone through the courts or defending yourself against legal action, litigation strategy is about building a battle plan that frames you in the best light, defends your position, and maximizes your chance of success.

Understanding the Adversary

A case is never just about the claim. It is about the people behind it. We build complete profiles of adversaries, their motivations, financial realities, connections, history of abuse, and capacity to defend themselves.

In civil litigation, strategy shifts depending on the opponent. Battling a politically motivated activist, a serial litigator, or a financially driven opportunist requires different approaches. Understanding whether they seek money, clout, or ideological validation is critical to choosing the right battleground and tactics.

In criminal prosecution, the dynamics are even more complex. Clients may be facing an overzealous prosecutor seeking headlines, or a system eager to weaponize prior mistakes. Neutralizing a criminal history, exposing prosecutorial motives, and controlling public perception are essential to protecting both reputation and freedom.

Questions we answer:

Civil Litigation

  • Does the adversary have a history of similar lawsuits or fraudulent claims?

  • Are they motivated by ideology, money, or personal vendetta?

  • Do they have the financial resources to fight, or are they hoping for a quick settlement?

  • Have they used media, advocacy groups, or public pressure in past disputes?

Criminal Prosecution

  • Is the prosecutor pursuing this case for political gain or publicity?

  • Does the client’s prior history create vulnerabilities that must be neutralized?

  • How will judges, juries, and the community view the client’s past and current charges?

  • Can public perception be shifted to balance the scales before trial begins?

Understanding the Playing Field

It is a poor general who goes to war without knowing the terrain. Too many litigants do exactly that. A courtroom battle is shaped not only by the law but by the environment in which the case plays out.

Legal Routes

Every case requires choosing the right battleground. Civil and criminal claims can open multiple pathways, from contract disputes and business torts to defamation, harassment, fraud, privacy violations, and regulatory actions. Knowing which claims to bring, which to avoid, and which to pursue as leverage can determine the outcome before trial begins.

Opposing Counsel

Lawyers bring their own agendas to the fight. Some avoid trial at all costs. Others use every case to gain personal publicity. Knowing the habits and ambitions of opposing counsel allows us to build strategies that exploit those patterns.

Judges

Every judge has ruling tendencies, courtroom preferences, and personal biases. Venue selection can make or break a case. Even when the judge cannot be chosen, understanding how they think and how they run their courtroom allows us to prepare strategies that anticipate and exploit their inclinations.

Community

In many jurisdictions, judges and prosecutors are elected and lawyers position themselves for future campaigns. Public attitudes, political currents, and community expectations often shape prosecutorial decisions and judicial rulings as much as statutes do. Understanding that climate is essential to anticipating how the battlefield will evolve.

Questions We Answer:

Legal Routes

  • Which civil claims provide the strongest position: contract, fraud, harassment, privacy, or business torts?

  • When is criminal prosecution likely, and how should it be anticipated or countered?

  • Is defamation truly the right strategy, or will it backfire through anti-SLAPP or public misperception?

  • What forum or jurisdiction offers the most favorable ground?

Opposing Counsel

  • Does opposing counsel prefer quiet settlements or public showdowns?

  • Are they exploiting the case for personal publicity, politics, or financial leverage?

  • What are their patterns in negotiation, trial, and media use?

  • Does counsel, especially in pro hoc vici admissions, have conflicts and misconduct that can be highlighted, shifting the balance of power before the case reached trial.

Judges

  • What is this judge’s record on similar cases?

  • Is there an established history with either plaintiff or defendant counsel?

  • How do they view defense motions, prosecutorial claims, or civil damages?

  • How can venue selection provide tactical advantage?

Community

  • How do public opinion, politics, or cultural beliefs shape the court’s atmosphere?

  • Is the prosecutor acting to satisfy voters or chase headlines?

  • Will local expectations influence jury pools or increase settlement pressure?

Controlling the Narrative

In high profile matters, the story outside the courtroom can weigh as heavily as the arguments inside it. Judges and juries are sworn to impartiality, but they are human. Prosecutors, regulators, and opposing counsel understand this and will use public opinion as a weapon. At Merrell Strategy, we use the same tools. The difference is that we are disciplined, strategic, and effective.

Narrative Analysis

We map the existing storyline, identify the actors driving it, and measure how deeply it has penetrated media, digital platforms, and community perception.

Offense and Defense

When the narrative works in the client’s favor, we reinforce it by providing media and influencers with accurate access and information. When the narrative harms the client, we counter with facts, expose adversary motives, and create competing narratives that discredit their story. We are not passive. We prosecute cases in the press when doing so strengthens the position in court.

Media and Digital Strategy

Opposing counsel and prosecutors leak documents, seed stories, and weaponize outrage. We engage on the same battlefield with greater precision. Traditional outlets, digital platforms, and influencers are all leveraged to neutralize attacks and insert controlled messaging that shifts sentiment toward the client.

Jury and Public Perception

Reputation influences who believes you, who doubts you, and how potential jurors enter the courtroom. By actively shaping perception in advance, we protect jury pools, blunt prosecutorial narratives, and give legal teams a stronger foundation before trial begins.

Experience

  • Reframed media coverage during a high profile criminal prosecution, undermining prosecutorial leaks and stabilizing jury sentiment

  • Controlled public narratives in multiple Ponzi scheme cases, protecting accused executives from reputational collapse while helping victims secure credibility for their claims

  • Neutralized smear campaigns driven by opposing counsel in civil litigation, discrediting fabricated leaks and preventing contamination of jury pools

  • Stopped an attorney’s pro hac vice admission by exposing misconduct and conflicts of interest, weakening the opposition’s legal and media strategy

  • Turned hostile media attention into a platform for victims of mass casualty incidents, shifting coverage from sensationalism to advocacy

  • Orchestrated reputation recovery for a celebrity client whose private communications were weaponized by adversaries, ensuring favorable press during ongoing litigation

  • Countered conspiracy theorists and digital mobs that attempted to poison public opinion before trial, exposing their motives and reducing their influence

  • Designed and executed public reentry strategies for clients after acquittals and settlements, leveraging media to rebuild credibility and opportunity

Our Role

Merrell Strategy does not replace your legal team. We make it stronger. We work alongside existing counsel or assemble the right team when one does not exist. Our role is to provide the intelligence, strategy, and narrative control that most law firms are not built to deliver.

We provide:

  • Background intelligence, financial forensics, and digital behavior research that map adversaries and expose vulnerabilities

  • Analysis of local, political, and industry attitudes that shape courtroom dynamics and prosecutorial decisions

  • Real-time monitoring of media and public opinion with rapid countermeasures to neutralize hostile narratives

  • Content and messaging support that strengthens filings, interviews, testimony, and client communications

  • Tactical adjustments throughout the case to anticipate opposition moves and ensure no advantage is left on the table