Sun Tzu's The Art of War for the Modern Lawyer

The fact that a text, from so long ago still carries so much weight, not only in its intended area of warfare but also in business and law as well as many other areas, is a testament to the awareness of human nature and wisdom of Sun Tzu. There is a ‘best way’ to go when facing a decision on the way forward in numerous areas of human endeavor. The purpose of this book is to give you the tools that you need to look for the ‘best way’ in any legal case you find yourself in charge of.

There will be times when you must make calculations months or years in advance and times when you have to make split-second decisions during a trial itself. To be ready to make those decisions requires a complete understanding of the case but also of the variables of a complex system that moves the case along and then places the final result in the hands of twelve strangers.

Lawyers are often described as ‘practicing’ attorneys once they obtain their license. A lawyer, once licensed, is able to completely exercise the powers of their position as an officer of the court, but they are never done with their training. Babe Ruth still took batting practice late in his career, Patrick Mahomes still reviews game footage of past wins and losses. The best of the best never stop trying to get even better. You must continuously strive to improve your abilities over what will often be a decades long career. You will face opponents in the future who right now are doing something to make themselves better lawyers.

Reading and re-reading a book like this will better prepare you to take on the awesome responsibility of accepting cases that can have a life altering impact on your clients. It must be a constant endeavor to analyze the factors presented here. Miyamoto Musashi said, “mastering swordsmanship takes one thousand days to learn and ten thousand days to refine.” Coincidentally, law school takes approximately one thousand days, including the BAR exam, yet the process of refining your skills to their utmost is ongoing from the first day of your legal career to the last.

About the Author

Daniel J. Rothman has been practicing criminal law since 2002, having taken more than thirty cases before a jury. He is a former prosecutor with seven years’ experience and has been a criminal defense attorney since 2009. During his time as a prosecutor, Mr. Rothman was an instructor for the Prosecutors Training Council’s Annual Officer’s training school and a presenter for the Central Iowa Traffic Safety Task Force’s annual training regarding OWI/DUI law. Mr. Rothman was invited to teach other attorneys how to handle OWI/DUI cases in 2011 by the Law Review CLE Group. He prosecuted many types of major felony cases including burglary, sex assault, narcotic offenses, and white-collar crimes. He is also a graduate of the Trial Advocacy program at the National District Attorney’s Association’s National Advocacy Center at the University of South Carolina.

As a defense attorney, Mr. Rothman has represented clients in a wide variety of cases from petty crimes to murder. He has also taken his clients’ arguments to the Iowa Supreme Court where he obtained victories for his clients on such issues as illegal searches for narcotics and violations of clients’ rights to attorney consultation.

He received both his law degree and his Bachelor of Arts in Rhetoric and History, from Drake University.