By Dave Horton
As a Captain in the United States Marine Corps, I was taught how to fight and win. Surrender was never an option. The warrior ethos makes me a better lawyer and helps guide decisions under pressure drive success in chaotic environments. These same principles translate powerfully into the world of litigation, where the courtroom becomes a battlefield of intellect and will. My friend Ed Perdue, a lawyer in Grand Rapids, Michigan, expands on this intersection of disciplined strategy and professional practice in his book, The Little Green Book: A Leadership Manual for Professionals, available on Amazon. Ed does a fine job of expanding on two of the things that have guided both of us in our careers. You can find his book at Amazon.
https://www.amazon.com/dp/0960099506
The Nine Principles of War in Litigation
From day one a Marine officer is taught the Nine Principles of War—Objective, Offensive, Mass, Economy of Force, Maneuver, Unity of Command, Security, Surprise, and Simplicity. These guiding principles provide a blueprint for victory. Here’s how they apply to litigation:
Objective: In war, every action must serve a clear goal. In litigation, your objective is the desired outcome—winning the case, securing a settlement, or protecting a client’s interests. Define it early and align every move toward it.
Offensive: Seize the initiative. Don’t just react to opposing counsel—dictate the pace and terms of engagement. File motions proactively, shape the narrative, and keep your adversary on their heels.
Mass: Concentrate your forces at the decisive point. In court, this means focusing your strongest arguments, evidence, and resources where they’ll have the greatest impact—don’t dilute your case with extraneous points, but strike hard at the crux of the dispute.
Economy of Force: Use resources wisely. Marines don’t waste troops on secondary fronts, and litigators shouldn’t squander time or effort on weak claims. Assign your energy to what matters most, preserving stamina for the long haul.
Maneuver: Stay flexible and outflank your opponent. In litigation, this could mean pivoting to a new legal theory or exploiting a procedural misstep by the other side.
Unity of Command: Ensure everyone’s on the same page. As an officer, I synchronized my team toward a single purpose. In litigation, align your client, co-counsel, and support staff under one strategy—confusion or dissent can unravel your case.
Security: Protect your position. In war, you guard against enemy reconnaissance; in litigation, you safeguard privileged information and anticipate opposing counsel’s attacks. A breach in security—whether a leaked strategy or an exposed weakness—can be fatal.
Surprise: Catch the enemy off guard. A well-timed motion, an unexpected witness, or a new argument can shift the tide in court, just as an ambush disrupts an enemy’s plans on the battlefield.
Simplicity: Keep it clear and executable. Complex plans falter under pressure. In litigation, present your case with straightforward logic that a judge or jury can grasp—overcomplication invites missteps.
Colonel Boyd’s OODA Loop: The Litigation Edge
While the Nine Principles provide structure, Colonel John Boyd’s OODA Loop—Observe, Orient, Decide, Act—adds dynamic speed and agility. Colonel John Boyd, was a fighter pilot. He developed the OODA Loop—Observe, Orient, Decide, Act—as a model for decision-making in high-stakes, fast-paced environments like aerial dogfights. He theorized that a pilot could gain the upper hand by disrupting the enemy’s OODA Loop, effectively throwing their decision-making process into disarray. By cycling through his own loop faster—observing the enemy’s position, orienting to their tactics, deciding on a maneuver, and acting with precision—a pilot could outpace his opponent, forcing them into a reactive mode. This disruption often came through unpredictable or rapid actions, like sudden turns or feints, that overloaded the enemy’s ability to orient and respond effectively. As the enemy struggled to catch up, scrambling to reobserve and reorient, their loop slowed, creating openings for the pilot to exploit. Boyd’s insight was that victory didn’t just come from superior firepower, but from controlling the tempo and shattering the enemy’s coherence—turning their hesitation into his advantage.
Observe: Gather intelligence relentlessly. Study the opposing counsel’s filings, witness statements, and courtroom demeanor. Watch the judge’s reactions.
Orient: Analyze and contextualize. Synthesize the law, facts, and your adversary’s moves into a coherent picture. This is where experience and preparation—like a Marine’s situational awareness—give you the edge.
Decide: Choose your course with confidence. Whether it’s pushing for summary judgment or holding back a key piece of evidence, commit decisively, as hesitation cedes momentum.
Act: Execute with precision and speed. File that motion, cross-examine that witness, deliver that closing argument—then loop back to Observe. The faster you cycle, the more you disorient your opponent.
In combat, Boyd’s OODA Loop lets you outpace the enemy, forcing them into reactive chaos. In litigation, it’s the same: outmaneuver opposing counsel by staying ahead of their decisions, turning their delays or missteps into your advantage. And most important, don’t let your opponent disrupt your OODA Loop as this is the easiest way to get beaten.
