Preliminary Merits and Strategy Assessment

Structured workflow for preliminary merits and strategy assessment: organise the supplied facts and documents, identify missing information, draft or analyse in stages, and verify facts, authorities and assumptions before use.

This is a reusable litigation prompt from the Litigation AI Prompt Repository. It is intended for Malaysian civil litigation but can be adapted by changing the placeholders. Use the Universal Litigator Control Block first where source discipline, adversarial review and authority verification matter.

Prompt

Assess the prospective case for `[CLIENT / PARTY]` based on `[MATERIALS]`.

Identify:

1. viable causes of action, defences, set-offs and counterclaims;
2. the elements of each and the facts presently supporting or undermining them;
3. jurisdiction, standing, limitation, contractual dispute-resolution and procedural issues;
4. evidential strengths, admissibility concerns and gaps;
5. likely arguments by the opponent and the best answer to each;
6. available remedies and practical enforceability;
7. urgent interim relief or preservation measures;
8. commercial and reputational considerations relevant to litigation strategy;
9. alternative causes of action that should not be pleaded together without resolving inconsistency;
10. recommended strategy in order of priority.

Provide a claim matrix with columns: claim or issue; legal elements; supporting facts and sources; missing proof; likely defence; response; prospects; recommended action. Use calibrated assessments rather than false numerical precision.