Chapter E0
Fighting Litigation: Seven Tactics
The quarters of the way into this book, with only seven chapters left to read, it is my duty to confess that whatever you have read so far is all in the nature of homework! Whatever you have thought, decided, planned and determined has occurred before you reached the battlefield. That ‘theory’ stage has now passed. The battle is set to start. You may have evaluated your ability to fight, you may have made your five mandatory preparations, and you may have used the seven tools to finalize your optimal strategy: yet, only now are you confronted with the practical side of your theoretical construct. How do you project your strategic power?
Let me explain this. Your preparations were all about getting set for war. Your strategic debates were all about deciding what to do. Now that the war is about the start, you need to roll out your strategy so that is has the planned impact on the field. To put it in a rudimentary way, you must now decide how to ‘conduct’ your legal war. This projection of strategic power is what battle tactics are about. To state the obvious, it is not enough to have the right war strategy: it is also necessary to use the correct battle tactics so that you are able to project your chosen war strategy.
Tactics become especially important also because of the dynamic fluid nature of war. Battle conditions change all the time, events never occur as planned, new realities emerge even as the war progresses and you will have to constantly assess and reassess where you are and what you need to do next. Events can occur which may force you to change your whole strategy. That is relatively rare but you will inevitably use different tactics depending on how events unfold as you go along. It is tactics that allow you to move seamlessly towards your goals.
For my purpose, I have reduced tactics to seven basic rules by which strategic power may be optimally projected:
- The orthodox and the unorthodox.
- Seize and control Initiative.
- Control the enemy’s response.
- Exploit the momentum.
- The blitz.
- Be Unpredictable.
- The rule of Deception.
Let’s take a look at them in this last section of this book.