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Extra resources for How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy

Example text

24 3 Juries • Two people will see the exact same event and come away with irreconcilable views. There’s truth – like God – and there’s legal truth. We don’t have a perfect system for understanding what juries and judges will believe. That’s why a common theme is your credibility – your credibility with the client, the client’s credibility, your credibility with the other side. • Jurors see unfairness. If jurors perceive injustice, they don’t always follow the law – they try to fix it. • They can be very intuitive about credibility.

In this tense and antagonistic setting, attorneys find it challenging just to fulfill the two roles of advocate and advisor: I wear two hats – my advocate hat and my advisor hat. That is a very difficult balance to strike. ” They are so emotionally invested and stressed from the litigation that they want to believe that you believe in me. In a lot of cases, their credibility is under attack and they need to know whether you’re behind them, whether you believe in them. 1 Center for Professional Responsibility.

In describing their trial frustrations and disappointments, the attorneys directed their criticisms at specific jurors rather than juries in general. This distinction is illustrated by one attorney’s comment about a minority faction: “After we settled that case, I talked with the jury about some of the plaintiff’s testimony that I found shocking. ” The attorneys’ perception that jurors overlook details but generally reach sound conclusions is consistent with research regarding the psychology of jury decision making.

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