Credit: lemono/Shutterstock Litigating From an Opponent's Perspective
It is all too easy to fall in love with your own case, but few cases are so one-sided that the other side does not have its own narrative to tell. Success in litigation requires understanding the strongest components of your opponent's case, and proactively assessing how you are going to defend against them. Not only will this facilitate a far more effective litigation strategy, but it has the added benefit of allowing you to provide your client with a far more reliable assessment of litigation risk.
April 25, 2022 at 10:00 AM
9 minute read
In his classic work Art of War, legendary general Sun Tzu taught: "If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat." We do not mean to suggest that litigation is a "battle" or that opposing parties are "enemies," but in our adversarial system, the underlying lesson is the same: Proactively identifying and preparing to defend against the strengths in your opponent's case is essential.
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