Strategic public law litigation

An act can be lawful in form and still infringe a right.

We litigate constitutional guarantees and judicial review to a standard that rests on reasoning, not on the length of the brief.

Most constitutional actions are lost before the hearing, when the brief confuses dissatisfaction with an infringement of rights. The difference between the two is technical and is shown through argument, not adjectives. That is precisely the ground we work on.

A commitment: No promises of success, no win rates, and no named comparisons with other firms. The temptation is strong on this page and the reputational cost outweighs any lead gained.

The real exposure

The 2008 Constitution and the Organic Act on Jurisdictional Guarantees and Constitutional Review opened a broad catalogue: acción de protección (constitutional protection action), hábeas data, hábeas corpus, access to public information, precautionary measures, acción por incumplimiento (action for non-compliance) and acción extraordinaria de protección (extraordinary protection action). The problem is not a shortage of routes, but choosing the wrong one. A misconceived action is not merely dismissed: it consumes the time in which the correct route was still open.

How we do it

Method and deliverables, with a written timeline for each step.

Step	What we do	What you get	Timeline
1 · Viability	Assessment of the case and of the applicable route	Viability report with a traffic-light rating	3 business days
2 · Strategy	Definition of the chosen route and its grounds	Strategy memorandum	5 business days
3 · Litigation	Representation and hearing preparation	Oral argument outline	Per the court calendar
4 · Outcome	Closing of the proceeding and lessons for the company	Outcome report	At closing

Concrete deliverables

Draft

A viability report with a traffic-light rating, before you commit to litigation fees
A strategy memorandum setting out the constitutional or administrative route chosen, and why
Hearing preparation with an oral argument outline
An outcome report at the close of the proceeding
An initial assessment of your case, at no cost

How we charge for this service

Fixed by stage plus a variable component. The viability report is credited if you litigate with the firm.

First we tell you whether you have a case. Then we discuss fees. If the rating comes back red, we say so and we do not charge you to litigate it.

If your deadline is already running, say so in the form: we change the order in which we take it up.

Before you write to us

Frequently asked questions.

Draft

What does the viability report cost?

It is quoted at the first meeting and credited against the fee if you decide to litigate with the firm.

What if the rating comes back red?

We tell you with the same clarity as if it came back green, and we do not charge you to litigate a case we do not consider viable.

How long does a constitutional action take?

It depends on the route and the court, but the viability and strategy stages have fixed timelines: 3 and 5 business days respectively.

Do you also litigate in the ordinary courts, or only constitutional matters?

The focus is public law — constitutional and administrative — but the viability assessment includes telling you if your case belongs in a different route.

What if my deadline is already running?

Say so in the contact form: we reorder our attention so the deadline is not lost while we assess viability.