[1] Broader goals and more challenging cases require a strategist with a greater understanding of, and facility with, the tools of litigation strategy.
For instance, Hugh Selby of Australian National University's College of Law has been particularly critical of its use by prosecutors, who already wield the massive power of the state against often poorly resourced defendants.
[2] The counterargument is that strategy can correct already-existing imbalances in the system, allowing a sole or two-attorney law firm with an indigent client to level the playing field against a large law firm with a wealthy corporate client, and allowing attorneys with little trial experience to effectively try cases against vastly more experienced opposing counsel.
Indirect strategies, on the other hand, shift the point of conflict, alter perceptions of what is central, or undermine the opposing counsels’ case without direct confrontation, often through deception, surprise or misdirection of the opponent—though never of the jury.
On a practical level, litigation strategy commonly includes an assessment of resources of all parties to the dispute, which can inform attritional considerations and likely attitude to risk, tactical court applications such as injunction applications or other tactical procedures aimed at gaining an advantage over the opponent or even a decisive blow and end to the dispute.
The purpose is to ensure they address all the issues of the case and to make certain that meeting one element does not require undercutting the evidence in support of another.
The line of effort produces the needed power and flexibility by structuring the plan around the purpose and an achievable end state that realizes the purpose, the aims (the elements necessary, or chosen to achieve the end state), and the levers or effects (the actions the counsel can take that are likely to bring about the targeted aims).
It further allows the attorney to exploit unexpected opportunities with an understanding of what elements of his/her plan will be enhanced and which will require further adaptation, making the opportunistic action not only clear-sighted, but focused and efficient.