When managing cases involving Constructive Res Judicata, lawyers should conduct a thorough review of prior litigation to determine if the issue could have been raised in previous proceedings. This involves detailed legal research to understand relevant precedents and exceptions, ensuring that the doctrine is applied correctly. Lawyers must adopt a strategic approach by advising clients on potential ways to challenge or uphold the doctrine based on new facts or legal nuances. Clear communication with the opposing party and proper filing of pleadings are essential to safeguard the fairness of the trial. These practices ensure a fair trial by preventing re-litigation of resolved issues, promoting judicial efficiency, and allowing the court to focus on genuinely unresolved matters.
