Similarly, in large pieces of litigation, you may be working with multiple co-counsel, amici, and clients.  You must coordinate and plan among co-counsel and others.  You should have written co-counseling agreements outlining who will be the lead counsel, what their duties will be, who has authority to make decisions, how regularly you will communicate through conference calls or meetings for strategy discussions and updates, who is responsible for covering litigation costs, and who is responsible for any attorney fee aspects of the litigation.

http://federalpracticemanual.org/node/5

If your client does not need emergency relief, prepare a litigation memo setting out the legal claims, the strength of the claims, and the pros and cons of bringing specific claims.  Identify the applicable statutes and regulations and key cases.  Drafting the memo will serve as a useful device to refine your thinking, document your research, share with colleagues, convert into pleadings or briefs, and defend, if necessary, against a Rule 11 motion.  If you recommend using a new or novel legal claim, it is wise to discuss your research conclusions with a more experienced colleague or an expert in the practice area who may be located outside your program.  As the litigation proceeds, revisit this memorandum, but be open to considering other claims or approaches your initial research missed or which have surfaced as a result of discovery or other case developments.

so, do a litigation memo.
claims
strength of claims
"elevator pitch"
Finally, draft a paragraph that will serve as the core theory of the case -- the central defining idea that drives your lawsuit.  It should summarize, in a brief and persuasive way, the nature of the wrong committed and relief sought to remedy it.  Written in lay, rather than legal terms, this fundamental message may be repeated in the opening paragraph of the complaint, in a press release, or at the beginning of an oral argument.  This clearly defined motivating concept behind the lawsuit should remain the touchstone that guides the litigation.

This is a lawsuit to legalize political speech, so that a person can put a poster on their wall that says "Vote for Smith"  without risking jail. This fundamental civil right, essential to free elections and democracy, and established by Supreme Court precedent 56 years ago, is threatened by the Nebraska Accountability and Disclosure Commission, which thinks it has the power to censor political speech. added this to the complaint - that helps. maybe. too argumentative?


Talk to other people affected by the challenged policy or practice.  Reach out to organizations likely to be allies and who may know others suffering from similar problems. 
nebraska aclu? law school?

Additional documents needed:

service of process

civil cover sheet

motion for TRO and preliminary injunction.

memo in support

admission pro hoc vice – federal form different than state.

motion for leave to proceed in forma pauperis

discovery requests.

• state any state interests relied on.
• State the strength of each of those interests, e.g. legitimate, compelling, overriding, invincible.

Rough outline of appeal of denial of preliminary injunction.

Client agreement with Xander.

Motion to Certify a Question to State Court

so now i'm leaning toward filing in federal court, with a motion to certify the state constitutional questions.

Motion for summary judgment

motion for interlocutory appeal of denial of temporary injunction.