# From the battlefield to the courtroom: war principles in law > David P. Horton, a former Marine Corps captain, on how the nine principles of war and John Boyd URL: https://www.kitsaplawgroup.com/blog/from-the-battlefield-to-the-courtroom-war-principles-in-law/ Published: 2025-04-01 Blog What the Marine Corps taught me about strategy, and how it carries over to litigation. April 1, 2025 ยท By [David P. Horton](https://www.kitsaplawgroup.com/our-team/david-p-horton/) ## From the battlefield to the courtroom: war principles in law ![Featured image for the article on war principles in litigation](https://www.kitsaplawgroup.com/assets/img/blog/from-the-battlefield-to-the-courtroom-war-principles-in-law-1200.jpg) As a captain in the United States Marine Corps, I was taught how to fight, and that surrender was never an option. That warrior ethos makes me a better lawyer. It guides decisions under pressure and helps me keep moving forward in chaotic situations. Those same principles carry over powerfully into litigation, where the courtroom becomes a contest of intellect and will. My friend Ed Perdue, a lawyer in Grand Rapids, Michigan, explores this intersection of disciplined strategy and professional practice in his book, *The Little Green Book: A Leadership Manual for Professionals*. Ed does a fine job of expanding on two ideas that have guided both of our careers: the principles of war, and Colonel John Boyd's OODA Loop. ## The nine principles of war in litigation From day one, a Marine officer learns the nine principles of war: Objective, Offensive, Mass, Economy of Force, Maneuver, Unity of Command, Security, Surprise and Simplicity. Together they form a blueprint for carrying out a mission. Here is how each one applies to a lawsuit. **Objective.** In war, every action must serve a clear goal. In litigation, the objective is the result the client actually needs, whether that is a judgment, a settlement or protection of the client's interests. Define it early and align every move toward it. **Offensive.** Take the initiative. Do not simply react to opposing counsel; set the pace and the terms of engagement. File motions proactively, shape the narrative and keep the other side responding to you. **Mass.** Concentrate your forces at the decisive point. In court, that means focusing your strongest arguments, evidence and resources where they will have the greatest effect. Do not dilute the case with side issues. Go straight to the heart of the dispute. **Economy of Force.** Use resources wisely. Marines do not waste troops on secondary fronts, and litigators should not spend time or effort on weak claims. Put your energy into what matters most and save your stamina for the long haul. **Maneuver.** Stay flexible and look for ways around the opposition. In litigation, that might mean moving to a new legal theory or taking advantage of a procedural misstep by the other side. **Unity of Command.** Make sure everyone is on the same page. As an officer, I kept my team working toward a single purpose. In litigation, the client, co-counsel and support staff all need to work under one strategy. Confusion or disagreement can unravel a case. **Security.** Protect your position. In war you guard against enemy reconnaissance. In litigation you safeguard privileged information and anticipate the other side's attacks. A breach, whether a leaked strategy or an exposed weakness, can be fatal to a case. **Surprise.** Catch the other side off guard, within the rules. A well-timed motion or a new argument can shift momentum in court, much as an ambush disrupts an enemy's plans in the field. **Simplicity.** Keep the plan clear and executable. Complicated plans fall apart under pressure. In litigation, present the case with straightforward logic a judge or jury can follow. Overcomplication invites mistakes. ## Colonel Boyd's OODA Loop: speed and agility The nine principles provide structure. Colonel John Boyd's OODA Loop (Observe, Orient, Decide, Act) adds speed and agility. Boyd was a fighter pilot. He developed the OODA Loop as a model for making decisions in fast, high-stakes environments such as aerial dogfights. His theory was that a pilot could gain the upper hand by disrupting the enemy's own decision cycle. By moving through his loop faster (observing the enemy's position, orienting to their tactics, deciding on a maneuver and acting with precision), a pilot could force the opponent into a reactive mode. That disruption often came from unpredictable or rapid actions, such as sudden turns or feints, that overloaded the opponent's ability to orient and respond. As the opponent scrambled to observe and orient all over again, their loop slowed down, creating openings. Boyd's insight was that the advantage did not come only from superior firepower. It came from controlling the tempo and breaking the opponent's coherence, turning their hesitation into an opening. Here is how the loop works in a case: **Observe.** Gather information relentlessly. Study opposing counsel's filings, the witness statements and the courtroom demeanor of everyone involved. Watch how the judge reacts. **Orient.** Analyze and put things in context. Combine the law, the facts and the other side's moves into a coherent picture. This is where experience and preparation, like a Marine's situational awareness, make the difference. **Decide.** Choose a course and commit to it. Whether that means moving for summary judgment or deciding when to introduce a key piece of evidence, decide with confidence, because hesitation gives up momentum. **Act.** Carry out the decision with precision and speed. File the motion, cross-examine the witness, deliver the closing argument, and then loop back to Observe. The faster you cycle, the harder it is for the other side to keep up. In combat, the OODA Loop lets you stay ahead of the enemy and force them to react. Litigation works the same way: stay ahead of opposing counsel's decisions and turn their delays or missteps to your client's advantage. Most important of all, do not let your opponent disrupt your own loop. That is the easiest way to lose your footing in a case. ## Discipline in service of the client None of this is about aggression for its own sake. It is about preparation, clear thinking and steady execution on behalf of the people we represent. If you are facing a dispute and want to talk through your options, learn more about our [litigation practice](https://www.kitsaplawgroup.com/silverdale/litigation-lawyer/) or [request a consultation](https://www.kitsaplawgroup.com/contact/). This article is general information, not legal advice. Every situation is different; talk to an attorney about yours. Talk to an attorney Questions about your own situation? 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