Anticipate Your Adversary’s Next Move In Litigation.

Enrico Schaefer - September 22, 2019 - Complex Litigation, Trial Attorney Tips



We opened a Traverse Legal Detroit office to go along with Los Angeles, Austin Texas, and Traverse City Michigan on September 1, 2018. We have an amazing office overlooking Campus Martius in downtown Detroit, right off Woodward Avenue. We’re really excited to be here offering litigation services, technology company representation, representing CEOs and founders in the metropolitan Detroit area. (Detroit trial attorney: Enrico Schaefer).

This is trial attorney Enrico Schaefer, podcasting from our Detroit, Michigan office today. Detroit is definitely up and coming. I grew up here, and I am really happy to be back here. There are some great trail attorneys here in this great city.   Many of them I started out practicing law with.  Today we are going to talk about how the best litigation attorneys objectively listen and try hard to anticipate the next move.

[listen to this podcast below]

Litigation Tips: What is the Other Attorney Trying to Accomplish?

Welcome to Traverse Legal Radio, the tech lawyer podcast, a show dedicated to helping entrepreneurs, CEOs, and founders navigate legal issues, grow revenue, and increase valuation. This podcast is sponsored by the IP and litigation attorneys at Traverse Legal PLC. Now, here’s your host, trial attorney Enrico Schaefer.

It doesn’t matter if you’re the plaintiff’s lawyer or the defendant’s lawyer; you have to anticipate what the other side may do. It is indeed a chess match. The art of understanding what’s happening on the other side of the ‘v’ is critical for any trial attorney. Now, why is this important?  The reason why I bring this up is because a lot of lawyers really only see their own side of the litigation case. They see their client, they know what they want to do, and they prosecute the case like they prosecute all the other cases that they litigate, and that’s it. And that is fine, and it can work for some attorneys, but it’s not particularly strategic.

A good trial attorney is adaptable.

A good trial attorney looks at all sides and evaluates the merits of all sides. The best trial attorneys anticipate the next move of the adverse attorney. And in that way, you can really maneuver not only around potential arguments that are coming your way but, more importantly — and the point of this podcast is that it allows you to actually use the defendant’s strategy or the plaintiff’s strategy, the adverse party’s strategy, against them.

Anticipating the other attorney’s next move

If you can anticipate what they’re going to do next, you can then use that to your advantage. It’s like setting a trap. It’s like putting out bait. It’s like giving them a rope and letting them use it. So that’s the way you want to litigate these cases. That’s the way you want to try these cases.

You’ve been listening to the Tech Lawyer Podcast, sponsored by Traverse Legal PLC, a law firm representing clients like you on matters just like yours. You can find the Tech Lawyer podcast on most podcast listening platforms, including your home devices. Until next time, remember that good attorneys win for their clients; great attorneys tell you upfront how they’re going to do it and how much it will cost.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.