Search Site
Menu
War in the Courtroom: The Five Dangerous Faults in Litigation

Litigation has many parallels to war. So, when I evaluate a new case, I sometimes look at it as planning for a protracted military campaign. In this regard, I have found Sun Tzu’s The Art of War to be most instructive.

While there are countless lessons to be drawn from that text, my focus will be on the five dangerous faults:

(1)    recklessness, which leads to destruction;

(2)   cowardice, which leads to capture

(3)   a hasty temper, which can be provoked by insults;

(4)   a delicacy of honor which is sensitive to shame; and

(5)   over-solicitude for his men, which exposes him to worry and trouble.

Tzu says that when an army is overthrown, one of these faults is surely to blame. Unsurprisingly, I have seen many cases lost as a result of these same faults.

I see recklessness at the beginning of a lawsuit, where parties make wild allegations immediately out of the gate. Not only do these claims rarely succeed, but making frivolous claims can damage your credibility with the judge, which can have long lasting (and potentially case ending) effects.

I have seen cowardice paralyze both attorneys and clients, who are so afraid of making a mistake that they end up taking no action at all. But, inaction can be just as damaging to your case as the wrong action, sometimes more so.

A hasty temper is perhaps one of the most common faults I see. Litigation can get nasty, but to achieve a good result, you must divorce yourself emotionally, so that you can view the litigation objectively and make the best decision in light of the facts.

Number four is pride. I have seen good settlement offers rejected because either the attorney or his client were too proud to compromise. If pride gets in the way of settlement, a party can often find themselves incurring exorbitant legal fees over months and years only to get a worse result.

Over-solicitude means over-concern. A general who is too concerned for his men will not commit them to a dangerous assault, even when it is tactically necessary. In legal disputes, there are no troops, but rather a proxy in the form of money. Litigation is expensive, but just as a great general needs to know when to risk the lives of his men, achieving a favorable result means being sufficiently detached to know when and where you must commit your resources to achieve your goals.

Adam Looney

Phone: 281-367-1222

Fax: 281-210-1361

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

What Does “Community” Look Like During Social Distancing?

I will not say these times of COVID-19 are “unprecedented times”.  That is being overused and is obvious.  What is unique to these COVID-19 days, in my opinion, is the extent to which some are looking to government for decisions and related comfort from uncertainty rather than trying to find
Read More
What Does “Community” Look Like During Social Distancing?

Force Majeure: Breaking Contracts Over Coronavirus

Within days of the World Health Organization declaring the Coronavirus (COVID-19) a pandemic, we saw events cancelled, public gatherings restricted to 10 people, businesses closed, travel restricted, and school cancelled for our children. With each day and each unprecedented change, businesses have been forced to look at their contractual obligations
Read More
Force Majeure: Breaking Contracts Over Coronavirus

Foreclosure and Eviction Relief for Homeowners During the COVD-19 Crisis

In March 2020, our economy came to a screeching halt as COVID-19 swept through our countries, states, cities, and homes. Businesses have been ordered to close, and individuals told to stay home to stop the spread of the virus. National, state and local officials are taking necessary steps on a
Read More
Foreclosure and Eviction Relief for Homeowners During the COVD-19 Crisis

Update Regarding SBA’s Economic Injury Disaster Loans in Response to COVID-19 for Texas Small Businesses

As discussed last week in our article entitled “SBA’s Economic Injury Disaster Loans in Response to COVID-19,” on March 17, 2020 Texas Governor, Greg Abbot, requested an Economic Injury Disaster Declaration from the U.S. Small Business Administration (“SBA”) which would allow Texas businesses to access the SBA’s Economic Injury Disaster
Read More
Update Regarding SBA’s Economic Injury Disaster Loans in Response to COVID-19 for Texas Small Businesses
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form