Home > Strategic Litigation Assessment Form

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1. How many years has your organisation been involved in strategic litigation?

2. Does your organisation have a unit or department that focuses on strategic litigation? If not, how do you decide who will work on a strategic litigation case?

a. How many members of staff work in the unit/ department?

b. Do they work on strategic litigation full time or do they have other responsibilities? If they have other responsibilities, what

percentage of their time do they allocate on strategic litigation

c. How long have they worked on strategic litigation?

d. What training, if any, have they received on strategic litigation?

3. Does the organisation represent claimants or does it act in its own name or both?

4. Does the organisation make use of amicus curiae briefs? How many times has your organisation been involved in amicus curiae?

5. What factors are considered when you decide to represent claimants in your own name or when you decide to act in a representative capacity?

6. Do you have case selection criteria?

a. If yes, what are your case selection criteria?

b. How often do you use them?

c. Do you have a process for discussing how the criteria should be applied when presented with a new case?

d. If not, how do you decide which cases you are going to be involved in?

7. Once you have decided to work on a case, do you have a procedure on how the case should be conducted (allocating a lawyer, identifying violations, framing of arguments, evidence, experts, decision on the use of outside counsel etc…

8. What is the extent of the in-house lawyers’ engagement in litigation (consulting with clients, development of legal arguments, drafting of pleadings, conducting research)?

9. Do you have an internal review process for briefs?

10. Do you have external advise on strategic litigation?

11. Does the organisation have priority or focus areas?

12. If the organisation has been engaged in strategic litigation, have the cases litigated been consistent with the priority or focus areas?

13. Do you have progress reviews on the cases that you work on?

14. How many cases have been finalised?

15. What did the court order?

a. Declaration of rights

b. Order for enactment of legislation

c. Order for change in policy and or institutional framework

d. Invalidating law or practice

e. Compensation

16. What other changes, direct or indirect, have occurred that can be linked to the strategic litigation undertaken?

17. What do you consider to be the broad challenges in undertaking strategic litigation?

18. What are your organisations’ needs for the purposes of pursuing strategic litigation?

Please list the Public interest Litigation Cases: please include:
Case Name:
Date:
Issue (VAW, Inheritance, Divorce):
Legal Problems: (practice or legal provision challenged)
Constitutional Provisions raised
Challenges Identified:
State of Proceedings:
Outcome (Successful/Unsuccessful):