Learning To Be A Grandmaster: What Chess Teaches Us About Lawyering - Above the Law

"To think through a case to the end and back, you have to put yourself in the shoes of everyone else in the case and evaluate how they would reasonably and likely react to your actions and what actions of their own they'll likely initiate. If you were opposing counsel, what would you do? What themes would you rely on? What would be your legal theories? What discovery would you conduct? What experts would you retain? What questions would you ask in a deposition?"

"If you were the judge, how would you evaluate the facts? Interpret the law? Rule on your potential motions? If you were the opposing party, how would you define a win? What would you resolve or settle the case for? This exercise helps you figure out what to expect and how to direct your case to consider these possible actions when directing your case toward a favorable resolution."

"I often ask the following questions when thinking through a case: so we do X, then what? What happens next? How will the other side likely respond? What actions will they likely take, independent of what we do? And how should we react? And then? And then? And so on. In other words, you are sitting at the edge of the chessboard. All the pieces are waiting to be moved. And you think through your initial moves, and theirs, your intermediate moves and theirs, an"

Effective legal strategy requires thinking multiple moves ahead, analogous to chess. The best lawyers anticipate every action and reaction from opposing counsel, opposing parties, judges, clients, witnesses, and exhibits. They predict legal theories, discovery, expert use, deposition questioning, and potential rulings. They simulate sequences of moves and countermoves, asking 'so we do X, then what?' repeatedly to foresee responses and plan reactions. Anticipatory analysis guides case direction, settlement valuation, motion strategy, and courtroom decisions toward favorable resolution. Lawyers must evaluate what opposing parties define as a win and estimate likely settlement or resolution values. Successful planning involves working backward from a desired outcome to determine initial moves and contingencies.

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