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The Case for Compassion as a Litigation Strategy
Small acts of compassion send a message to the opponent that the attorney is not litigating because of their ego or out of a sense of superiority.
August 28, 2024 at 11:54 AM
5 minute read
Sun Tzu's ancient writing, "The Art of War," teaches that warfare is psychological, that the greatest strategist wins battles without shedding blood, and that "the supreme art of war is to subdue the enemy without fighting." One way to win without fighting is by striking fear into the heart of the opponent while building for them Sun Tzu's golden bridge on which to retreat. I believe the golden bridge is paved with understanding, and we've all heard the adage, "compassion breeds understanding."
Modern trial attorneys extrapolate principles of the Art of War for our litigation and trial strategies. The principal consideration of the ancient treatise still applies. To achieve our clients' desired result, we must make our opponent want to retreat. They must understand they have more to lose than to gain by proceeding with their fight.
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