Both playbooks run
Your position assessed as claimant and as defendant — the honest comparison that tells you whether time is your ally or theirs.
Pre-litigation posture review
The case is coming. The next ninety days decide how it starts.
Pre-litigation posture reviews by Aun & Co.: evidence, deadlines, correspondence and first-move options assessed before any claim is filed — by either side.
Between the first sign of a dispute and the first filing lies the posture window — the period in which positions are still soft and almost everything of strategic value can still be done: records completed, notices sent, limitation clocks managed, the forum influenced, the opening framed. A posture review is a structured pass through that window: where you stand today, where you will stand if sued tomorrow, and the ordered list of moves that changes the difference.
The work spans
- Evidence stocktake: what exists, what is missing, what to create now
- Deadline map: limitation, notice and contractual clocks running
- Correspondence strategy: what to send, answer, and leave alone
- First-move analysis: sue first, wait, or engineer the negotiation
- Preservation steps so nothing decisive disappears meanwhile
- A commercial relationship has broken down and both sides are clearly preparing something.
- A demand letter arrived and your answer will become exhibit one either way.
- You intend to claim but the file has gaps a defendant would exploit ruthlessly.
- You suspect being sued soon and want the defensive record completed while it still can be.
The review runs both playbooks: your best case as claimant and your position as defendant, because the gap between the two defines urgency. Every date is put on one map — statutory limitation, contractual notice, cure windows — since posture work is worthless a week after a deadline dies. Then the moves are sequenced: which letters build the record, which questions must never be answered in writing, and whether filing first buys forum, framing or nothing.
04 · What you get
Every clock on one page
Limitation, notice and cure deadlines mapped together, because the strongest posture in the world dies quietly at midnight.
The record completed
Letters, notices and documentation sequenced to close evidentiary gaps now — the ninety days before filing are worth more than the year after.
A typical engagement: a company senses a major customer is building toward a claim. The review finds the customer's letters carefully framed and the company's replies casually damaging; the firm restructures the correspondence, completes the performance record, and prepares the defence before any statement of claim exists.
Described in abbreviated, anonymised form to preserve client confidentiality.
What is a pre-litigation posture review?
A structured legal assessment of your position before any claim is filed: the evidence available to each side, the deadlines running, the correspondence record, and the ordered moves that improve where you stand. It is the strategy phase most parties skip and later pay for.
Should I answer a demand letter, and how?
Almost always answer — silence reads badly later — but answer as if a judge will read it, because one may. The reply should fix your version of the record, concede nothing casually, and start whatever clocks favour you. It is a pleading in disguise.
Is it better to sue first or wait to be sued?
It depends on what filing first actually buys: sometimes forum, framing and momentum; sometimes only costs and the burden of proof. The posture review answers the question for your facts — the wrong general rule is expensive in both directions.