Poor chess gamers solely suppose forward one or two strikes. Good chess gamers suppose forward 5 or 6 strikes. Grandmasters suppose by each transfer to checkmate and again, and to checkmate once more. Likewise, poor attorneys solely take into consideration the subsequent transfer or two, good attorneys suppose a number of strikes forward, and nice attorneys suppose by each transfer to a win. The most effective attorneys take into consideration each motion and response, not simply with opposing counsel, however with the opposing occasion, the decide, one’s personal consumer, each witness, and each exhibit. And they give thought to how they’ll react, what they may do in flip, how these actions will create new reactions, and so forth.
To suppose by a case to the tip and again, it’s important to put your self within the footwear of everybody else within the case and consider how they’d fairly and sure react to your actions and what actions of their very own they’ll seemingly provoke. For those who had been opposing counsel, what would you do? What themes would you depend on? What can be your authorized theories? What discovery would you conduct? What specialists would you keep? What questions would you ask in a deposition? For those who had been the decide, how would you consider the information? Interpret the regulation? Rule in your potential motions? For those who had been the opposing occasion, how would you outline a win? What would you resolve or settle the case for? This train helps you determine what to anticipate and the best way to direct your case to think about these doable actions when directing your case towards a positive decision.
I usually ask the next questions when considering by a case: so we do X, then what? What occurs subsequent? How will the opposite aspect seemingly reply? What actions will they seemingly take, impartial of what we do? And the way ought to we react? After which? After which? And so forth.
In different phrases, you’re sitting on the fringe of the chessboard. All of the items are ready to be moved. And also you suppose by your preliminary strikes, and theirs, your intermediate strikes and theirs, and your ultimate strikes and theirs. And in doing this, you’ll be higher capable of consider the strengths and weaknesses of your case and theirs. Not defining a win (and a loss) and failing to suppose by to the tip of the best way to obtain your targets usually ends in errors, overlooking alternatives, and a shotgun (reasonably than rifle) strategy. This haphazard strategy might result in victory, but when it does, it’s primarily by luck, accident, or as a consequence of opposing counsel fascinated by their case even lower than you.
Strategic planning doesn’t simply apply to companies, corporations, and one’s personal life. This strategy applies to every of our instances, and taking a strategic strategy ends in extra environment friendly litigation, higher work product, and improved outcomes.
Sit down along with your staff and brainstorm every step in your case. For those who don’t have a staff, play chess with your self and suppose by all of the strikes. Think about using an AI giant language mannequin (LLM) to brainstorm all of the steps from starting to finish. Nonetheless you strategy the method, it’s important to suppose by it and always re-evaluate, as a result of instances are natural and surprises will happen, requiring a change of plans and approaches. This fixed analysis and reevaluation will change how you progress the items on the board and assist you to obtain checkmate.
And contemplate taking on chess. You’ll respect the significance of considering forward and the way to take action.
Frank Ramos is a companion at Goldberg Segalla in Miami, the place he practices industrial litigation, merchandise, and catastrophic private harm. You’ll be able to observe him on LinkedIn, the place he has about 80,000 followers.
