Zwier Paul J. Legal Strategy. Wolters Kluwer,2015. — 190 p.. 2015
In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
CHAPTER ONE CLIENT FACTS AS THE FOUNDATION FOR A LEGAL STRATEGY
Facts speak louder than eloquence.—Chinese Proverb
Facts are generally overesteemed. For most practical purposes, a thing is what men think it is.—JohnUpdike (b. 1912) U. S. author, critic. The Statesman Buchanan, in Buchanan, Dying: act 1 (1974).
CHAPTER TWO OTHER FACTS TO SHAPE A LEGAL STRATEGY
I can win an argument on any topic, against any opponent. People know this, and steer clear of me at parties. Often, as a sign of their great respect, they don’t even invite me.—Dave Barry, U.S. columnist and humorist (1947– )
CHAPTER THREE CASE ANALYSIS FOR REFINING A STRATEGY
To win by strategy is no less the role of a general than to win by arms. —Julius Caesar (100–44 B.C.)
CHAPTER FOUR LAWYER ROLES IN STRATEGIC DECISION MAKING: CLIENT COUNSELING
CHAPTER FIVE TESTING A STRATEGY THROUGH NEGOTIATION AND MEDIATION
It is difficult to distinguish deduction from what in other circumstances is called problem-solving…. —Frank Smith (b. 1928), Canadian educator. To Think, ch. 2, Teachers College Press (1990).
The quality of decision is like the well-timed swoop of a falcon which enables it to strike and destroy its victim. —Sun Tzu (6-5th century B.C.), Chinese general. The Art of War, ch. 5, axiom 13 (c. 490 B.C.), ed. by James Clavell (1981).