29 May 2007
"Litigation Is War" From West Legalworks Teaches Battle-tested Lessons for Courtrooms and Boardrooms
NEW YORK
Trials and legal proceedings in courtrooms play out as a battle of words and wills. In Litigation Is War, a new book published by West Legalworks™, Frederick L. Whitmer suggests that the winners in litigation also may be determined by who best applies the fundamental principles of military strategy. West Legalworks™ is part of Thomson West, a Thomson business (NYSE: TOC; TSX: TOC).
Inspired by the strategic philosophy of Carl von Clausewitz’s On War, as well as his famous quote that “war is merely the continuation of policy by other means,” Whitmer explores litigation strategy-based principles rooted in Clausewitz’s military strategy. Whitmer believes modern commercial litigation is “the continuation of business by other means,” and by instilling and developing the intellectual discipline of a structured approach – similar to military strategy – lawyers can build and direct their cases with confidence and imagination.
“The whole idea here is to think about litigation as an enterprise in which you are trying – as Clausewitz says about war – to impose your will on the enemy,” said Whitmer. “Litigation involves the exercise of force through judicial compulsion, to impose your will on your adversary. And, if you’re a defendant, of course, to resist the other side’s will being imposed on you.”
Examples of Whitmer’s approach in Litigation Is War connected to Clausewitz’s war principles include:
• Be as strong as possible at determinative points.
• Always pick the right time and place to fight.
• Never divide your forces by separating the credibility of the
argument from its substance.
Whitmer suggests there are three common military mistakes that likewise can lead to defeat in the courtroom.
• A failure to learn
• A failure to adapt
• A failure to anticipate
To expand on his book’s central lessons, Whitmer plans to hold a series of educational workshops modeled after military war colleges. Whitmer will lead “Litigation Is War” colleges for legal and business professionals to promote the practice of the successful litigation strategies he presents in Litigation Is War.
About the author: Frederick L. Whitmer is a senior litigation partner in the New York office of the international law firm Thelen Reid Brown Raysman & Steiner LLP. His successful and extensive trial litigation experience in all aspects of intellectual property and general and civil litigation has involved a variety of clients across a broad spectrum of industries.
Note to editors: For review copies of Litigation Is War or to arrange an interview with Frederick L. Whitmer, please call Yadana Latt at (212) 337-8464 or send an e-mail to yadana.latt@thomson.com.
Westcast podcast: A Westcast podcast featuring an interview with Frederick L. Whitmer is available on the Thomson West (www.west.thomson.com/news) or West Legalworks (www.westlegalworks.com) Web sites.
West Legalworks
West Legalworks™, a Thomson West business, develops and executes more than
100 business of law, practice of law and custom professional events
annually. Our world class legal content and end-to-end execution
capabilities consistently provide the best value and level of service to
event attendees, speakers and sponsors. Our capabilities include access to
unparalleled relationships with prestigious faculty, speakers and more than
2,000 Thomson West authors, editors and lecturers. West Legalworks also
publishes books and newsletters for the industries that we serve. For more
information about West Legalworks visit www.westlegalworks.com or call
800-308-1700.
Thomson West
Headquartered in Eagan, Minn., Thomson West is the foremost provider of
integrated information solutions to the U.S. legal market. Thomson West is
a business within The Thomson Corporation (NYSE: TOC; TSX: TOC) and was
formed when West Publishing and Thomson Legal Publishing merged in June
1996. For more information, please visit the Thomson West Web site at
west.thomson.com.
The Thomson Corporation
The Thomson Corporation (www.thomson.com) is a global leader in
providing essential electronic workflow solutions to business and
professional customers. With operational headquarters in Stamford, Conn.,
Thomson provides value-added information, software tools and applications
to professionals in the fields of law, tax, accounting, financial services,
scientific research and healthcare. The Corporation’s common shares are
listed on the New York and Toronto stock exchanges (NYSE: TOC; TSX:
TOC).
Contacts
Yadana Latt
West Legalworks
212-337-8464