Development of Defence Strategy and Tactics

Litigation, the freezing of assets, the need to challenge a decision by a public authority, a notice of suspicion, a search or another complex legal situation requires more than isolated legal actions. It requires a clear understanding of the overall course of the defence. Before filing applications, bringing proceedings before a court, challenging decisions or adopting a procedural position, it is important to assess the circumstances of the case, the available evidence, potential risks and how the case may develop.

Based on this analysis, the advocate develops a defence strategy by defining the principal objective, legal position and overall course of action. Defence tactics comprise the specific legal and procedural measures that are appropriate at different stages of the case to implement the chosen strategy.

What Developing a Defence Strategy Involves

A defence strategy is developed individually, taking into account the factual circumstances of the case, the client’s legal position, the available evidence, the opposing party’s position and the potential legal consequences.

Developing a strategy may involve:

• analysing the factual circumstances of the case and the available documents;
• determining the client’s legal and procedural status;
• analysing the evidence, arguments and potential actions of the opposing party;
• identifying the strengths and weaknesses of the legal position;
• assessing legal and procedural risks;
• defining the principal defence objective and the preferred course of action;
• formulating a legal position and selecting appropriate legal remedies;
• determining the sequence of procedural and other legal steps;
• assessing the need to obtain additional evidence and documents, initiate expert examinations, submit advocates’ requests for information and take other necessary legal steps;
• adjusting defence tactics as the case develops and new circumstances arise.

A well-developed strategy helps identify priority steps in advance, assess the potential consequences of each decision and avoid uncoordinated actions that could weaken the legal position. As a result, the defence is not conducted on an ad hoc basis but follows a coherent sequence of actions directed towards a defined legal objective.

What Determines Defence Strategy and Tactics

There is no universal defence strategy. Even in similar cases, the most appropriate course of action may differ depending on the circumstances, procedural situation, available evidence and the client’s objectives.

Nature of the case.

Criminal proceedings, civil or commercial disputes, administrative cases and other legal conflicts involve different means of protecting rights, procedural opportunities and risks.

Procedural status and stage of the case.

Defence tactics depend on the client’s procedural status and the stage of the case. The options available before court proceedings commence, during a pre-trial investigation, before a court of first instance or when challenging a decision can differ significantly.

Available evidence and case materials.

The assessment considers not only the volume of documents, testimony and other evidence but also their relevance, admissibility, reliability, interrelationship and potential use in substantiating the legal position.

Position and actions of the opposing party.

The strategy must take account of the arguments, procedural steps and possible further actions of the opposing party, the prosecution or a public authority.

Procedural deadlines and decisions already made.

Earlier judicial or procedural decisions, missed or approaching deadlines, and applications, complaints and motions already filed may substantially affect the available legal remedies.

Client’s objectives.

The legal strategy is developed with regard to the outcome the client seeks. This does not always mean simply “winning in court”. The objective may be to bring a criminal prosecution to an end, overturn a decision, preserve property or assets, minimise legal and financial risks, resolve a dispute or reach a settlement agreement.

It is the combination of these factors that determines which legal measures are appropriate, the order in which they should be taken and the risks that must be considered at each stage of the defence.

When to Seek Assistance with Developing a Defence Strategy

Developing a strategy is particularly important when a legal situation already requires specific action, but there is no clear understanding of which approach would be most appropriate or what consequences it may entail.

You should consider seeking assistance with developing a defence strategy if:

• a legal problem has already arisen, but you are unsure where to begin;
• proceedings are already under way, but there is no clear plan for the next steps;
• several legal remedies are available and you need to identify the most appropriate one;
• you have received a statement of claim, a notice of suspicion, a summons, a procedural decision or a decision by a public authority;
• a search, questioning, freezing of assets or another procedural measure has taken place or is anticipated;
• you need an independent assessment of a strategy already proposed or implemented by another advocate;
• new circumstances have arisen in the case that require the existing tactics to be reviewed;
• the case involves several interconnected legal issues or significant legal, financial or reputational risks.

Seeking legal assistance at an early stage makes it possible to consider a wider range of scenarios and avoid steps that could later limit the available means of protecting your rights. Nevertheless, a strategy can also be developed or reviewed once a case has reached the court proceedings or appeal stage.

Defence Strategy in Criminal Proceedings

In criminal proceedings, a defence strategy is developed with regard to the person’s procedural status, the stage of the proceedings, the legal classification of the alleged offence, the substance of the suspicion or charge, the prosecution’s evidence and any potential procedural violations.

It is important to assess not only individual items of evidence or procedural decisions but also the evidence and decisions as a whole: how far they support the prosecution’s case, where their weaknesses lie, which circumstances require further examination and what evidence the defence can obtain and submit.

Defence tactics are determined by the chosen legal position and may include challenging procedural decisions and actions, submitting applications and complaints, gathering evidence, engaging experts and preparing the defence position for trial.

An individual procedural decision should not be assessed in isolation: each step should be consistent with the overall defence approach and take account of its potential impact on the subsequent course of the criminal proceedings.

Read more about defence at different stages of criminal proceedings in the “Protection of Rights in Criminal Proceedings” section.

How a Defence Strategy Is Developed

A defence strategy is developed in stages, from the initial assessment of the situation to the preparation of a specific plan for further action.

1. Initial assessment of the situation
The factual circumstances of the case, the client’s legal and procedural status, their objectives and the risks requiring immediate attention are identified.

2. Review of documents and evidence
The available case materials, documents and evidence, relevant legislation and current case-law are examined. Where necessary, any additional materials or information required for a comprehensive assessment of the situation are identified.

3. Formulation of the legal position and possible scenarios
Possible developments in the case are considered, together with the advantages and risks of each scenario. The opposing party’s likely actions are assessed, and a legal position is formulated that best reflects the circumstances of the case and the client’s objectives.

4. Development of the strategy and action plan
The sequence of legal and procedural steps, priority actions, tactical decisions at individual stages and possible responses to changing circumstances are determined.

What Clients Receive After a Defence Strategy Is Developed

Once the strategy has been developed, the client gains a comprehensive understanding of the case: which legal position is well-founded, which course of action should take priority, what alternatives exist and what risks each involves.

The client understands the sequence of the next steps, their purpose and potential consequences, as well as which actions it may be advisable to avoid at a particular stage. Rather than a set of general legal recommendations, this is a tailored course of action developed with the specific circumstances in mind.

This approach enables informed decisions about how each individual step may affect the overall legal position and the further development of the case.

Can a Defence Strategy Change During Proceedings?

Yes. A defence strategy is developed on the basis of the circumstances and materials known at a particular stage of the case, so it is not a fixed set of actions.

New evidence, procedural decisions, a change in the opposing party’s position, new circumstances or developments in case-law may require certain tactical decisions to be reviewed. In some cases, adjusting the sequence of actions is sufficient; in others, certain elements of the legal position may need to change.

Adjusting tactics does not mean that there is no strategy. On the contrary, a consistent defence approach requires ongoing assessment of the case and timely adaptation of actions without losing sight of the principal legal objective.

Frequently Asked Questions About Developing a Defence Strategy

What is the difference between developing a defence strategy and receiving a legal consultation?

During a legal consultation, an advocate examines a specific issue, explains the legal situation and outlines possible courses of action. Developing a strategy involves a more detailed review of case materials, defining the legal position, assessing possible scenarios and risks, and determining the sequence of subsequent legal and procedural steps.

Can I request a defence strategy without retaining an advocate to handle the case afterwards?

Yes. Developing a defence strategy may be provided as a standalone legal service. Following the case assessment, the client gains an understanding of the legal position, possible scenarios and a recommended plan for further action. If required, the advocate may also provide subsequent representation and ongoing legal support in the case.

What documents are needed to develop a defence strategy?

The documents required depend on the circumstances. They may include court decisions, statements of claim, contracts, correspondence, procedural documents, materials from criminal proceedings, decisions of public authorities and other documents relevant to the case. Following an initial assessment, the advocate can identify any additional materials required.

Can I obtain an independent assessment of a strategy already proposed by another advocate?

Yes. An advocate can review an existing legal position, assess its strengths and weaknesses, potential risks and alternative courses of action. Such an independent assessment may be particularly valuable in complex or lengthy cases, or where circumstances have changed or the previous tactics have not produced the expected result.

Is a defence strategy developed only for criminal cases?

No. A strategic approach can be applied in criminal proceedings, civil, commercial and administrative disputes, as well as other legal situations where it is necessary to assess risks, define a legal position and develop a coherent action plan.

Do You Need a Defence Strategy for Your Case?

If your situation calls for more than an isolated legal action and requires a systematic assessment and a clear understanding of the next steps, an advocate can help review the case materials, identify possible scenarios and risks, formulate a legal position and develop a coherent defence plan.

Arrange a legal consultation to discuss the circumstances of your case and determine which approach to protecting your rights is most appropriate in your situation.