New PDF release: How Leading Lawyers Think: Expert Insights Into Judgment and
By Randall Kiser
In this ebook, seventy eight major lawyers in California and manhattan describe how they evaluation, negotiate and get to the bottom of litigation instances. chosen for his or her confirmed ability in predicting trial results and figuring out whilst situations could be settled or taken to trial, those lawyers establish the major elements in case assessment and percentage winning innovations in pre-trial discovery, negotiation, mediation, and trials. Integrating legislation and psychology, the e-book exhibits how expert legal professionals mentally body instances, comprehend jurors’ views, advance persuasive topics and arguments and attain unparalleled effects for clients.
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Extra resources for How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy
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.
How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy by Randall Kiser