To construct a defensible shield against future abuse of process allegations, companies must implement a rigorous documentation protocol that systematically captures the legitimate, good-faith basis for every litigation action. This begins with maintaining a centralized "Litigation Decision Log" for each case, detailing the objective rationale behind key actions—such as why a lawsuit was filed, why specific parties were named, and how discovery requests tie directly to legal claims—while explicitly referencing the legal advice and factual evidence supporting each step. All internal communications should frame strategies around substantive legal objectives, avoiding any language suggesting ulterior motives like intimidation or delay. Crucially, this log must be supplemented with pre-filing "Merits Review Memoranda" where counsel certifies the claim’s legal viability and a "Cost-Benefit Analysis" justifying the suit as a proportional means to resolve a genuine dispute. By consistently documenting how every decision aligns with lawful advocacy and transparently integrating ethics counsel into high-stakes choices, this paper trail transforms into compelling evidence of proper intent, making it exceptionally difficult for opponents to prove the willful perversion of process required for a successful claim.
