Litigation focus: how to win at chess – and litigation!

Judging by its success in the bestseller lists, and popularity in airport lounges, it is apparently common to turn to “The Art of War”, the ancient text by Sun Tzu, when considering military strategy and extending this to business dealings.

When it comes to litigation, on the other hand, it is striking how relevant another ancient pastime, Chess, can be.

Here are some key lessons, learned from our experience of many years, that we think worth considering, as well as some handy quotes from some of the best chess players in history.

1. Always Have a Plan:

Any plan is better than no plan. What is the client’s end goal? How do you plan to get there? It often helps to work backwards in time from the end date (e.g. a trial or arbitration) to consider how best to prepare for success.

‘In order to improve your game, you must study the endgame before everything else; for, whereas the endings can be studied and mastered by themselves, the middlegame and the opening must be studied in relation to the endgame.’ (Jose Raul Capablanca)

2. Try to Think Several Moves Ahead:

All moves have consequences. How will your opponent react to your next move? What are your next options depending on the reaction of your opponent?

‘Big branches in the decision tree require extra caution. These are the forks in the road that leave us with no way back.’ (Garry Kasparov)

3. Be Solid in Defence:

A solid defensive position is the foundation for attack. Make sure that your own house is in order (e.g. preparing your client’s discovery in advance and reviewing any weak areas). This will allow you to plan your attacking moves with much greater confidence.

‘Do not always be thinking of attack! Moves that safeguard your position are often far more prudent.’ (Aron Nimzowitsch)

4. Attack can be the Best Form of Defence:

Litigation is often about momentum. Who is on the back foot? Keeping the pressure on your opponent will yield benefits, as your opponent’s energies will be spent on responding to your well-aimed and relentless attacks.

‘I like to grasp the initiative and not give my opponent peace of mind.’ (attributed to Mikhail Tal)

5. Get Your Best Pieces Active - Early:

Which factual witnesses, experts and Counsel are best for the job? Plan early to secure their services and time. Having the right team in place at an early stage will yield significant benefits.

‘Tactics flow from a positionally superior game.’ (Bobby Fisher)

6. Sometimes a Draw is the Best Result:

Trying to win at all costs can lead to disaster, even in victory. Will it be possible to make recoveries if successful? What are the downsides to litigation, in terms of client time, costs, reputation and relations with the opponent? Sometimes settlement is the smartest option.

‘Drawn games are sometimes more scintillating than any conclusive contest.’ (attributed to Savielly Tartakower)

7. Play by the Rules!:

Always observe the rules. Do not risk the firm’s reputation and the reputation of your client. If the other side chooses not to observe the rules, it will usually pay the price!

‘On the chessboard, lies and hypocrisy do not survive long. The creative combination lays bare the presumption of a lie; the merciless fact, culminating in the checkmate, contradicts the hypocrite.’ (Emanuel Lasker)

Jon Turnbull specialises in insurance and reinsurance litigation. He has been at Clyde & Co since 1994, becoming a Partner in 2001 and a Consultant in 2016. Jon has been recommended in The Legal 500 and acts for Lloyd’s Syndicates and London and international insurance companies on a wide range of issues, including property/casualty, accident & health, and reinsurance. He enjoys playing chess, with or without a glass of wine.

Bradley Baker is a senior lawyer with experience in London and Western Australia, a hub for Australia’s mining and oil and gas sectors. He has a particular focus on directors’ and officers’ liability and professional liability, both defence and coverage. Outside of work, Bradley enjoys exploring history and politics, keeping abreast of developments in artificial intelligence and dispute resolution, travelling, and playing chess.