By Randall Kiser
Let us exercise to determine issues as they're, after which enquire no matter if we should whinge. no matter if to work out existence because it is, will supply us a lot comfort, i do know no longer; however the comfort that is drawn from fact if any there be, is strong and sturdy: that that could be derived from errour, has to be, like its unique, improper and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) lawyers and consumers make enormous quantities of selections in each litigation case. From firstly determining which lawyer to continue to finding out which witnesses to name at trial, from finding out no matter if to ?le a criticism to identifying even if to attraction a verdict, legal professionals and consumers make a number of, serious judgements approximately options, charges, arguments, valuations, proof and negotiations. as soon as made, those de- sions are scrutinized via an opponent reason on exploiting the results of any mistake. during this excessive and opposed area, decision-making blunders frequently are obvious, irreversible and dispositive, wielding the facility to bankrupt consumers and dissolve legislations ?rms. even though legal professionals and consumers may well regard sound choice making as incidental to potent lawyering, sound choice making truly is the essence of potent lawyering. An attorney’s wisdom, intelligence and event are inert re- urces until eventually the legal professional comes to a decision find out how to set up these abilities to serve the client’s pursuits. these judgements, in flip, mostly be sure a case’s path and outcome.
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Additional resources for Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients
VerdictSearch California and VerdictSearch New York are published by New York Law Publishing Company, which is owned by American Lawyer Media (ALM). Similar jury verdict reports are published by ALM for cases filed in Texas, Florida, Illinois, New Jersey and Pennsylvania. ) These reports are available by subscription (hard copy and electronic), and older paper volumes are bound and shelved in law libraries throughout the country. ”13 As recently as November 2007, Seth Seabury, an economist at RAND, was reporting on trends in civil litigation awards, relying on data from the RAND Jury Verdicts Database (JVDB).
10 Attorney-Litigant Decision Making in Actual Cases Professor Galanter’s question is both answered and amplified by three studies comparing trial awards with rejected settlement proposals to determine whether litigants recovered more money at trial than they were offered in settlement 46 Id. at 805. Id. at 758, 794. 48 Id. at 753. 49 Galanter supra note 33 at 83. 2 Empirical Legal Research on Judge, Jury and Attorney Decision Making 25 negotiations. These studies assess whether, in deciding to try cases instead of settling them, attorneys and their clients are making financially advantageous decisions, and if not, what factors influence their decision to forego settlement.
13:1. Priest, George L. (1985). Reexamining the Selection Hypothesis. Journal of Legal Studies, Vol. 14:215. 26 2 Prior Research on Attorney-Litigant Decision Making Social reality, as usual, is inconsiderate of global theories. ”55 In their second study, Gross and Syverud added a sample of 359 cases reported between 1990 and 1991. Their results again conflicted with the Priest-Klein litigation model. Instead of a 50/50 distribution of “mistakes,” Gross and Syverud found that plaintiffs were more likely than defendants to make a decision-making mistake, that is, rejecting a settlement proposal which turned out to be the same as or more favorable than the actual trial award.
Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients by Randall Kiser