- Losing the case does not mean losing the cause. Win or lose, litigation combined with a good public advocacy campaign can spur public debate. This can lead to the policy or legislative change the cause wants to achieve.
- Prepare for the worst and try to achieve the best. Before litigating, consider the spectrum of outcomes, their likelihood, and strategize how they could be used to advance the cause. If you win the case, how will you ensure expedient implementation? If you lose the case, how will you use the loss to fuel public debate and ignite calls for action? Can you turn a loss into a qualified victory?
- If you suffer a setback, don’t give up. Establishing social change is a long-term process. Learn the lessons that can be learned, reassess, recalibrate, restrategize and recommence.
