To proactively shield itself from accusations of abuse of process, a company must institute a robust internal litigation protocol centered on good faith and documented legitimacy. This begins with a mandatory "Litigation Purpose Memo" for any new case, requiring business and legal leaders to concretely articulate the suit's lawful objective, tie it to a defensible legal claim, and certify the absence of any ulterior motive like harassment or competitive suppression. Second, implement a rigorous pre-filing "Fact and Evidence Gatekeeping" review, ensuring all allegations are supportable by admissible evidence and that discovery requests are narrowly tailored to legitimate case needs, not designed to burden opponents. Third, centralize oversight through a senior in-house counsel or compliance officer who must approve all litigation, continuously monitor case developments for ethical red flags, and maintain a record of all legal hold and communication policies to demonstrate consistent, good-faith engagement. Finally, integrate regular training on litigation ethics and procedural rules, emphasizing that zealous advocacy must never cross into procedural warfare, thereby fostering a culture where the legal department is a guardian of the company's integrity, not just its interests.
