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Written by the leading authority on legal decision making,
Professional Judgment for Lawyers integrates empirical legal
research, cognitive and social psychology, organizational behavior,
legal ethics, and neuroscience to illuminate and improve decision
making by attorneys, clients, judges, arbitrators, mediators, and
juries. Key Features: Analyzes the quality of decision making by
lawyers, clients, judges, mediators, and arbitrators Shows how
race, gender, age, roles, experience, personality, perception,
memory, and emotions affect decision making by lawyers and judges
Identifies deficiencies in professional decision making and
proposes corrective steps Discusses impact of professional judgment
and decision making on major societal issues like access to
justice, plea bargaining, mass incarceration, superannuated judges,
and public confidence in the judicial system Describes strengths
and weaknesses in personal decision-making styles and provides a
self-assessment tool to evaluate individual styles Integrates law,
neuroscience, psychology, behavioral economics, analytics, and
organizational behavior in a comprehensive, multi-disciplinary
examination of legal judgment and decision making This book has the
unique capacity to replace idealized, theoretical concepts of legal
decision making with empirical analyses and practical applications
for lawyers, judges, law students, and other knowledgeable readers
intrigued by the law, justice, and decision making.
Written by the leading authority on legal decision making,
Professional Judgment for Lawyers integrates empirical legal
research, cognitive and social psychology, organizational behavior,
legal ethics, and neuroscience to illuminate and improve decision
making by attorneys, clients, judges, arbitrators, mediators, and
juries. Key Features: Analyzes the quality of decision making by
lawyers, clients, judges, mediators, and arbitrators Shows how
race, gender, age, roles, experience, personality, perception,
memory, and emotions affect decision making by lawyers and judges
Identifies deficiencies in professional decision making and
proposes corrective steps Discusses impact of professional judgment
and decision making on major societal issues like access to
justice, plea bargaining, mass incarceration, superannuated judges,
and public confidence in the judicial system Describes strengths
and weaknesses in personal decision-making styles and provides a
self-assessment tool to evaluate individual styles Integrates law,
neuroscience, psychology, behavioral economics, analytics, and
organizational behavior in a comprehensive, multi-disciplinary
examination of legal judgment and decision making This book has the
unique capacity to replace idealized, theoretical concepts of legal
decision making with empirical analyses and practical applications
for lawyers, judges, law students, and other knowledgeable readers
intrigued by the law, justice, and decision making.
In this book, 78 leading attorneys in California and New York
describe how they evaluate, negotiate and resolve litigation cases.
Selected for their demonstrated skill in predicting trial outcomes
and knowing when cases should be settled or taken to trial, these
attorneys identify the key factors in case evaluation and share
successful strategies in pre-trial discovery, negotiation,
mediation, and trials. Integrating law and psychology, the book
shows how skilled attorneys mentally frame cases, understand
jurors' perspectives, develop persuasive themes and arguments and
achieve exceptional results for clients.
In this book, 78 leading attorneys in California and New York
describe how they evaluate, negotiate and resolve litigation cases.
Selected for their demonstrated skill in predicting trial outcomes
and knowing when cases should be settled or taken to trial, these
attorneys identify the key factors in case evaluation and share
successful strategies in pre-trial discovery, negotiation,
mediation, and trials. Integrating law and psychology, the book
shows how skilled attorneys mentally frame cases, understand
jurors' perspectives, develop persuasive themes and arguments and
achieve exceptional results for clients.
Let us endeavor to see things as they are, and then enquire whether
we ought to complain. Whether to see life as it is, will give us
much consolation, I know not; but the consolation which is drawn
from truth if any there be, is solid and durable: that which may be
derived from errour, must be, like its original, fallacious and
fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys
and clients make hundreds of decisions in every litigation case.
From initially deciding which attorney to retain to deciding which
witnesses to call at trial, from deciding whether to ?le a
complaint to deciding whether to appeal a verdict, attorneys and
clients make multiple, critical decisions about strategies, costs,
arguments, valuations, evidence and negotiations. Once made, these
de- sions are scrutinized by an opponent intent on exploiting the
consequences of any mistake. In this intense and adversarial arena,
decision-making errors often are transparent, irreversible and
dispositive, wielding the power to bankrupt clients and dissolve
law ?rms. Although attorneys and clients may regard sound decision
making as incidental to effective lawyering, sound decision making
actually is the essence of effective lawyering. An attorney's
knowledge, intelligence and experience are inert re- urces until
the attorney decides how to deploy those skills to serve the
client's interests. Those decisions, in turn, largely determine a
case's course and outcome.
Let us endeavor to see things as they are, and then enquire whether
we ought to complain. Whether to see life as it is, will give us
much consolation, I know not; but the consolation which is drawn
from truth if any there be, is solid and durable: that which may be
derived from errour, must be, like its original, fallacious and
fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys
and clients make hundreds of decisions in every litigation case.
From initially deciding which attorney to retain to deciding which
witnesses to call at trial, from deciding whether to ?le a
complaint to deciding whether to appeal a verdict, attorneys and
clients make multiple, critical decisions about strategies, costs,
arguments, valuations, evidence and negotiations. Once made, these
de- sions are scrutinized by an opponent intent on exploiting the
consequences of any mistake. In this intense and adversarial arena,
decision-making errors often are transparent, irreversible and
dispositive, wielding the power to bankrupt clients and dissolve
law ?rms. Although attorneys and clients may regard sound decision
making as incidental to effective lawyering, sound decision making
actually is the essence of effective lawyering. An attorney's
knowledge, intelligence and experience are inert re- urces until
the attorney decides how to deploy those skills to serve the
client's interests. Those decisions, in turn, largely determine a
case's course and outcome.
In this groundbreaking book, Randall Kiser presents a
multi-disciplinary, practice-based introduction to the major soft
skills for lawyers: self-awareness, self-development, social
proficiency, wisdom, leadership, and professionalism. The work
serves as both a map and a vehicle for developing the skills
essential to self-knowledge and fulfillment, organizational respect
and accomplishment, client satisfaction and appreciation, and
professional improvement and distinction. It identifies the most
important soft skills for attorneys, describes and applies hundreds
of studies regarding psychology, law, and soft skills, and provides
concrete steps and methods to improve soft skills. The book should
be read by law students, attorneys, and anyone else interested in
how lawyers should practice law.
In this groundbreaking book, Randall Kiser presents a
multi-disciplinary, practice-based introduction to the major soft
skills for lawyers: self-awareness, self-development, social
proficiency, wisdom, leadership, and professionalism. The work
serves as both a map and a vehicle for developing the skills
essential to self-knowledge and fulfillment, organizational respect
and accomplishment, client satisfaction and appreciation, and
professional improvement and distinction. It identifies the most
important soft skills for attorneys, describes and applies hundreds
of studies regarding psychology, law, and soft skills, and provides
concrete steps and methods to improve soft skills. The book should
be read by law students, attorneys, and anyone else interested in
how lawyers should practice law.
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