A couple of weeks ago I was in court as a witness during a civil case. A friend and business associate became involved in an business arrangement that went sour. It ended up in court so you can guess that they didn't manage to find any easy resolution. As a business associate, I was able to give a valuable point of view.
The first lesson is a reminder to avoid court if at all possible. It is expensive and time consuming and a massive distraction from business.
This was my first experience in a Singapore Court. The system has a justified reputation for efficiency and Singapore judges are famous for curtailing the antics of lawyers. This gives the court proceedings a more controlled and measured feel. Certainly nothing like the scenes we have from American movies and TV dramas.
This controlled and measured feel can lead us into a false sense of security. The witnesses were walked through the process and given an idea what questions they will be asked. We felt confident and prepared. Until...
... the cross-examination.
Just like other court systems the opposing counsel has the right to challenge, verify and dispute the evidence presented by the witness.
It was a forceful reminder of one of the common strategic errors made by managers.
Failure to anticipate a reaction
Or in court terms, always prepare for the cross-examination.
To misquote Newton, every action has a reaction.
If we create a new position, the competition will try to undermine it.
If we change our prices, the competition will respond to match or exceed.
If we introduce a new innovation, others will copy or attack it.
It works on a personal basis as well.
Always prepare for the cross.
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