“Amateurs talk strategy and professionals talk logistics”
- Omar Bradley, U.S. World War II General
In litigation, strategy is only the beginning. The first step most attorneys take when they receive a new case is conducting an Initial Case Assessment, which shapes their litigation strategy. However, once the strategy is set, the challenge lies in its implementation—the logistics of litigation.
While logistics may appear straightforward, they often present more obstacles than crafting the strategy itself. Attorneys can become disorganized, overanalyze to the point of inaction (paralysis by analysis), or struggle with handling the sheer volume of tasks across multiple cases. These logistical failures can derail an otherwise sound strategy.
From my own experience working on cases, collaborating with attorneys, and discussing litigation challenges, I've seen many attorneys fail to execute their strategies effectively. Common examples include:
- Failing to schedule depositions promptly or at all.
- Not being able to finish drafting motions.
- Allowing inefficiencies or disorganization to impede progress.
The key for attorneys is identifying the bottlenecks and inefficiencies in their processes and taking and figure out ways to resolve them. Figuring out the logistics of your cases should be just as important as figuring out the strategy.
SPEED OF LITIGATION
Efficiency in litigation has a direct impact on the speed of a case. Attorneys who streamline their processes and stay prepared can litigate more swiftly, creating significant advantages.
A well-prepared attorney puts pressure on opposing counsel, often compelling them to settle favorably. When you consistently stay ahead of opposing counsel—filing motions, completing discovery, and meeting deadlines you put pressure on opposing counsel’s who are not prepared, as they will not have the work done to properly litigate their case. Unprepared attorneys often end up settling cases on unfavorable terms, as they don’t have a way to catch up in a timely manner. Also Judges are quick to notice delays, and opposing attorneys know they will likely bear the blame when asking for more time.
CONCLUSION
The key to implementing the logistics of litigation lies in developing a systematic approach to translating strategy into actionable steps. By streamlining the process and addressing logistical challenges, attorneys can ensure their strategies are effectively executed and achieve better outcomes for their clients.
