Beyond Right and Wrong: The Power of Effective Decision by Randall Kiser

By Randall Kiser

Let us activity to work out issues as they're, after which enquire no matter if we should bitch. no matter if to work out lifestyles because it is, will supply us a lot comfort, i do know no longer; however the comfort that's drawn from fact if any there be, is sturdy and sturdy: that that could be derived from errour, needs to be, like its unique, flawed and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) legal professionals and consumers make hundreds and hundreds of selections in each litigation case. From at the beginning identifying which lawyer to maintain to determining which witnesses to name at trial, from finding out no matter if to ?le a criticism to finding out no matter if to allure a verdict, legal professionals and consumers make a number of, severe judgements approximately ideas, charges, arguments, valuations, proof and negotiations. as soon as made, those de- sions are scrutinized through an opponent purpose on exploiting the results of any mistake. during this extreme and opposed enviornment, decision-making mistakes usually are obvious, irreversible and dispositive, wielding the facility to bankrupt consumers and dissolve legislations ?rms. even though lawyers and consumers might regard sound choice making as incidental to potent lawyering, sound selection making really is the essence of potent lawyering. An attorney’s wisdom, intelligence and adventure are inert re- urces until eventually the legal professional makes a decision find out how to installation these talents to serve the client’s pursuits. these judgements, in flip, principally ascertain 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

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3 Concepts and Definitions Although civil litigation may be expensive, protracted and seemingly imponderable, only three basic problems occur when trying to resolve a case. These three problems direct the data analysis in the balance of this chapter and hence must be described and understood before proceeding to the data analysis. 17 Hertz Research. (2006). Final report of results, member services survey, The State Bar of California – February 2006. 18 Id. at 17. 3 Concepts and Definitions 37 First, a litigant can sabotage settlement negotiations by demanding too much money or offering too little money relative to the actual value of the case.

The defendant security company offered $3 million – $16 million less than the plaintiffs’ demand. The plaintiffs declined the offer and proceeded to trial; the jury then awarded $3,372,887 to the plaintiffs. In this case, the plaintiffs’ settlement demand was overpriced, while the defendant’s offer was underpriced. 5 Effect of Negotiation Disparity on Decision Error Under two conditions, it is important to note, one party’s underpricing or overpricing always results in the other party’s decision error.

For both the plaintiff and the defendant, though, underpricing simply means that the amount of the demand or offer is less than the ultimate award. If, for example, the plaintiff demanded $8 to settle the case, the defendant offered $6, and the trial verdict was $10, both parties underpriced their cases – the plaintiff’s demand underpriced its gain by $2, and the defendant’s offer underpriced its loss by $4. Although both parties underpriced their demands and offers, only the defendant committed a decision error by declining the plaintiff’s demand to settle for the lesser sum of $8 and later being held liable for a $10 award.

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