March 2002. Etymologically the word comes from the Greek stratos, meaning army, and more narrowly from strategos, meaning a general. This general approach arises from the very complexity of large organizations serving many diverse markets with dozens or hundreds of products or services—each of which requires different adaptations. , These messaging tools bring force and greater direction to the evidence. When the word is appropriately used, a strategy is a broad and general approach to an enterprise in which certain structural elements are determined in advance and courses of action have been selected from among others by preference in order to differentiate this enterprise from others in light of the environment as it is perceived to be and the anticipated action of opponents in particular. Kogan Page, 2006. It might be argued that, in its absence, strategies will tend to be pretty much the same and quite conventional. Marketing strategies are long-term, forward-looking approaches to planning. Advanced strategies will anticipate and even shape events, decisively guiding the situation to the desired outcome. 2. Available from http://www.law.uchicago.edu/academics/publiclaw/resources/34.crs.conformity.pdf. Without a strategic plan your legal department is unlikely to get out from under Sisyphean busywork to accomplish meaningful improvements or demonstrate its â¦ A clear, well defined strategy for the legal team is vital. That concept, in effect, is the strategy of the business. These findings are echoed in a broader context by Cass Sunstein of the University of Chicago in a paper tided Conformity and Dissent. Policy decisions are frequently reflected in resource allocations. The common types of uncertainty in decision making and strategy. R. 238. It is worth noting that strategies in business (as also in war) frequently evolve from circumstances; the significance of the circumstances is then consciously noted and formalized. The strategic goal may be the verdict, or the damages or sentence awarded in the case. The word came to be adopted from military usage after World War II.  In litigation, direct strategies argue what the law does or does not say; what the facts are or are not; or who has the more believable witnesses. 4 Eccl. Theme and theory become strategic tools when they serve as the core for the organization of the case; when every aspect of the trial, including the actions and reactions of the adversary, are organized and incorporated in support of them. For example, transportation policies can encourage physical activity (pedestrian- and bicycle-friendly community design); policies in schools can improve nutritional content of school meals. Another strategy, the basic platform on which multiple models can be built, has gradually taken over—and the competition now is between categories: sedans, SUVs, and pickups. Businesses have been âswimming in a sea of lawâ as they navigate increased regulation, varying international legal regimes, assorted lawsuits and the impact of stiffer legal penalties for infractions.1 As a result, senior executives have increasingly recognized that legal capabilities are crucial for ongoing corporate success, and they understand the importance of working with legal counsel. By altering perceptions, litigators can shape the decision the party will make. Second Edition. There are three main models of the judicial decision-making that explain how judges come to a solution: legal, attitudinal and strategic. conceive, imagine. It is a combination of well-thought intent and actions which lead to â¦ We are left, then, with no clear-cut, widely-accepted definition of strategy; only different views and opinions offered by dif- The application of strategic planning in business is a result of difficult managerial decisions that comprise good and less desirable courses of action. Law firm strategy is a future-proof plan that enables firms to prioritize objectives, remain competitive, and optimize financial goals. At the same time, the attorneys must protect their own decision-making while retaining a degree of control over the evolving situation. In litigation, direct strategies argue what the law does or does not say; what the facts are or are not; or who has the more believable â¦ "Sustainable Strategies for a World of Economic Shocks." The core of maneuver is the decision cycle as described in Boydâs OODA Loop. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. The theory of the case is a logical description of events that the attorney wants the judge or jury to adopt as their own perception of the underlying situation. New Articles Recent posts or updates on Simplicable. April 2006. Financial Executive. Indirect strategies, on the other hand, shift the point of conflict, alter perceptions of what is central, or undermine the opposing counselsâ case without direct confrontation, often through deception, surprise or misdirection of the opponentâthough never of the jury..  A renewal of cohabitation between husband and wife is proof of reconciliation, and such reconciliation destroys the effect of a deed of separation.  The theme is a sound bite that encapsulates logic or emotional force of the attorney's case. Sage, 2002.  Coupling this understanding of psychology with utility theory / economic game theory, attorneys can set the stage for adversarial parties to take actions that serve the attorneysâ plan. Sharpe, 2006. Timing is also generally an essential part of any litigation strategy. Yet, there is no definitive answer about what strategy really is.One reason for this is that people think about strategy in different ways.For instance, some people believe that you must analyze the present carefully, anticipate changes in your market or industry, and, from this, plan how you'll succeed in the future. Most small businesses owe their origin to the perception of what is, in actually, a strategic opportunity. Digital Legal Exchange UnitedLex is a charter member of the Digital Legal Exchange, a global institute committed to accelerating digital transformation. The general formulated his plan and lesser officers then "arranged things" so that the plan would work out in detail. strategy: (1) strategy as contemplated or intended and (2) strategy as realized. "What this town needs is a [fill in the blank]" has launched many a business.  Psychology offers deep insights into how individuals perceive and misperceive information.  Basic litigation strategies organize a case so that it has a cohesive focus. Legal Research Strategy. The strategy is a game plan, chosen to achieve the organisational objectives, gain customerâs trust, attain competitive advantage and to acquire a market position. There is little doubt that intense examination of the market is desirable—as is the consideration of alternative approaches. , Strategy is the process of designing and achieving a desired final outcome. From the top will come a general sense of direction and emphasis: "We are a marketing company." In small business the same activity takes place but tends to be less formal, more adaptive, and more the product of one or two individuals in the company's leadership. Thus it derives from "generalship" or, more precisely, a general's battle plan. In a small business the formulation of strategy is typically closer to the market simply because the principals are engaged in the business itself at the point where, proverbially put, the rubber meets the road: where the business interfaces with the customer. 30 October 2002. Analysis applied to strategy decomposes the concept into its visible inputs. In a company principally interested in short-term returns, for instance, individual strategies reliant on capital investments over longer periods will fare more poorly than highly leveraged approaches. Lake, Neville. The Strategic Planning Workbook. Litigation strategy is the process by which counsel for one party to a lawsuit intends to integrate their actions with anticipated events and reactions to achieve the overarching goal of the litigation. 2. Sloan introduced annual styling changes, thus launching planned obsolescence as a motivator for replacing the car, and organized the different car lines based on pricing, with Chevrolet, Pontiac, Oldsmobile, Buick, and Cadillac each positioned in a unique price range and not competing with each other. These days, of course, 7-Eleven is open 24 hours a day and seven days a week—but has not chosen to rename itself to fits its new strategy of delivering convenience 24-Seven. In the typical SLAPP, the plaintiff does not normally expect to win the lawsuit. Robert Kennedy, writing in the Journal of Industrial Economics on "strategy fads" made this point by analyzing prime-time television programs—showing that, despite a great deal of strategizing, networks produce lackluster imitations. Because of the uncertainty inherent in trial practice, the litigatorsâ strategic plan must be powerful, yet flexible, to remain effective. Definition: Business strategy can be understood as the course of action or set of decisions which assist the entrepreneurs in achieving specific business objectives. Maneuver is a strategic philosophy that leverages the indirect approach through its focus on individual decision making and perception.
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