The most effective lawyers gather and present evidence of improper purpose for an abuse of process claim by deploying a strategic combination of forensic discovery and contextual framing. They systematically obtain and present internal communications—such as emails, texts, or memoranda—that reveal threats, admissions, or discussions of goals extraneous to legal merit, such as harming a competitor's business, coercing a settlement through attrition, or intimidating critical witnesses. They contextualize this with circumstantial evidence, including timing that aligns with unrelated disputes, prior litigation patterns demonstrating vexatious behavior, or demands that seek unrelated concessions from the defendant. At trial or in motions, they weave this evidence into a compelling narrative, using precise timelines and juxtaposing the plaintiff’s lawful justifications with their demonstrable actions, thereby exposing the dissonance between their professed legal objectives and their true, illegitimate aims to the court.
