Handling Constructive Res Judicata involves a step-by-step approach, beginning with a thorough review of prior litigation to determine if the issue could have been raised earlier. The lawyer must ensure the parties and jurisdiction are consistent between the cases and conduct legal research to understand relevant precedents and statutory provisions. If challenging the doctrine, exceptions such as new evidence or changed circumstances must be evaluated. The lawyer then files appropriate pleadings, arguing why the issue should not be barred, and may also engage in settlement discussions if the issue is peripheral. Ultimately, the court will assess whether the doctrine applies, considering the facts, legal arguments, and fairness, ensuring the case proceeds without unnecessary re-litigation of matters already decided.
