Major General Carl von Clausewitz's contributions to the world were
not displayed through brilliant military maneuvers on the
battlefield, but rather through his thoughts inscribed on paper.
Clausewitz published numerous writings based on his lifelong study
of history and war exploring the relationship between war and
politics and the interplay of forces both internal and external to
warfare. War and litigation share a similar relationship in
conflict resolution--perhaps the type of relationship Clausewitz
would have sought to explore and think about had he lived in the
twentieth century age of litigation. Just as Clausewitz helps the
Airman, Soldier, Sailor, Marine, and Guardsman think about war,
Clausewitz also helps the trial counsel think about the practice of
litigation--both inside and outside of the courtroom. The study of
military strategy, theory and thought provides the trial counsel an
intellectual foundation from which to pursue their own ideas about
litigation. The trial counsel should explore and study warfare as a
means of developing an analytical framework for their advocacy.
Trial counsel should establish a particular way of thinking about
litigation that traverses the entire litigation process from
pretrial to post trial. Every tactical move a counsel makes,
whether it is in discovery, charging, or in motion practice, should
have a strategic link to its client's objectives.
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