The litigator, an expert in amassing paper concerning a dispute, focusing on the process, unconstrainted by any budget, engages in procedural skirmishing to generate file drawers of paper. The litigator influences the outcome by sending his clients a large bill, creating incentives to settle.

The total victor, an expert in persuasion, achieves total victory efficiently by focusing on results, uses persuasion aimed at the decision maker, developes a trial outline that directs investigation and analysis, is governed by a budget proportional to goals, and is motivated by aligned incentives to achieve total victory for the client.