Avoiding Predictability in Litigation According to Sun Tzu's The Art of War

I recently released The Art of Trial Warfare: Volume II, a fully rewritten and expanded edition featuring dozens of new Sun Tzu-inspired strategies and insights tailored explicitly for litigation. Below is an excerpt from the book, which is now available on Amazon:?https://www.amazon.com/dp/B0DJDGH1KD.

“Do not repeat the tactics which have gained you one victory, but let the infinite variety of circumstances regulate your methods.”

SUN TZU, The Art of War, Chapter 8, Variation in Tactics

Predictability is death in trial warfare. Sun Tzu warns us: never repeat the tactics that won you past victories. The battlefield shifts; so must your methods. To cling to a familiar approach in the courtroom is to invite defeat. The opposition is always watching, always learning. They adapt, and if they can foresee your next move, they will neutralize it before you act. Success in one trial is no guarantee of success in the next, especially if you rely on the same tried-and-true tactics.

Imagine a lawyer with a trademark cross-examination style—sharp, aggressive, confrontational. If the opposition anticipates this, they will prepare their witnesses, diffuse the tension, and strip that tactic of its power. To avoid this trap, a trial lawyer must be fluid, constantly evolving in form and substance. Cross-examinations, opening statements, even the structure of your arguments—all must be varied, tailored to the specific circumstances of the case.

This is not simply about adapting to a new case; it is about staying one step ahead of your opponent. Each case is unique: different judges, juries, and opposing counsel demand new strategies. Variety is your weapon. Keep them guessing, and they will never hold the advantage.