By Randall Kiser
Let us pastime to determine issues as they're, after which enquire even if we should whinge. no matter if to determine lifestyles because it is, will supply us a lot comfort, i do know now not; however the comfort that's drawn from fact if any there be, is stable and sturdy: that that could be derived from errour, needs to be, like its unique, improper and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) legal professionals and consumers make hundreds of thousands of selections in each litigation case. From firstly identifying which legal professional to maintain to determining which witnesses to name at trial, from figuring out no matter if to ?le a grievance to figuring out no matter if to charm a verdict, lawyers and consumers make a number of, severe judgements approximately options, expenditures, arguments, valuations, facts and negotiations. as soon as made, those de- sions are scrutinized via an opponent cause on exploiting the results of any mistake. during this extreme and opposed area, decision-making error frequently are obvious, irreversible and dispositive, wielding the facility to bankrupt consumers and dissolve legislation ?rms. even supposing legal professionals and consumers might regard sound selection making as incidental to potent lawyering, sound selection making truly is the essence of potent lawyering. An attorney’s wisdom, intelligence and event are inert re- urces until eventually the lawyer makes a decision how you can installation these talents to serve the client’s pursuits. these judgements, in flip, mostly be sure a case’s path and outcome.
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Extra info for Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients
The belief persists that, while pilot and mechanical error may be susceptible of rigorous investigation and precise analysis, the decisions of judges, jurors, attorneys and clients are essentially idiosyncratic and impenetrable by scientific methods and quantitative analysis. Unlike other soft disciplines, law has never experienced physics envy. ”7 Therefore, plaintiffs will win and defendants will lose about 50% of the cases litigated to verdict, and “mistakes” about outcomes will be evenly distributed between them.
8 Damages Award Predictions When researchers focus on projected damages awards instead of win/lose predictions, they discover that jurors’ opinions about damages are a close match with judges’ opinions and, in some instances, jurors’ collective judgment is less variable than the opinions of individual judges and attorneys. In two experiments conducted by Neil Vidmar the same hypothetical case facts were presented to lawyers, judges and citizens who had reported for jury duty, and they were asked to estimate the appropriate amount of damages to award to the plaintiff.
The attorneys are evenly divided between those representing plaintiffs (3,492) and those representing defendants (3,453). 5% of all California litigation attorneys, although a precise count is elusive because the exact number of litigation attorneys in California has never been ascertained. ,” “judgment notwithstanding the verdict,” or “nonsuit,” although the actual ruling in the case, if any, is undetermined. 14% of all dispositions. Eisenberg, Theodore, & Lanvers, Charlotte. (2008, November 21).