In his classic work Art of War, legendary general Sun Tzu taught: “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat.” We do not mean to suggest that litigation is a “battle” or that opposing parties are “enemies,” but in our adversarial system, the underlying lesson is the same: Proactively identifying and preparing to defend against the strengths in your opponent’s case is essential.

We call this approach litigating from an opponent’s perspective. Below, we begin by expanding on what this means. We then explain why practicing this approach is a critical component of a successful litigation strategy, before discussing the dangers of failing to adopt it. We then discuss our practical suggestions as to how to effectively implement this strategy before and during litigation.