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War College Curriculum for Defense Counsel
It is a rare product liability defendant who believes that the plaintiff has a meritorious claim. In truth, defectively designed products have been sold, and inadequate product warnings have been given. That said, cases that an objective observer would describe as frivolous are filed regularly. If your company or client is the target of such a claim, there is a growing body of law that offers effective offensive strategies.
When weighing and evaluating those strategies, defense counsel should put on their (real) “General” hats, and view the terrain from the military perspective. The client is under attack. What strategies could be employed? Law school curricula do not offer a course on product liability counter-attacks against meritless and bogus litigation. If law schools did consider such a specialty program, they should take a page from War Colleges.
In the military world, war colleges were established because experience on the battlefield demonstrated that senior officers were not proficient in planning and executing large-scale military operations. In the product liability field, clients have complained that plaintiffs' attorneys are much more skilled at planning litigation attacks. A war college for defense counsel would certainly help develop defense counsel as “grand strategists” in litigation battles, especially when challenged by bogus claims. The following are some of the courses that could be taught at the “Law-War School” for defense “Generals” who are planning a counter-attack.
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