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I was really pleased to meet Randall Kiser at last year’s ABA conference. I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations. The top-line finding was that in 85.5% of cases, parties went to trial when one of the parties would have been better off to accept the other side’s last offer. Plaintiffs received an award less than or equal to the defendant’s last offer in 61.2% of the cases and defendants were ordered to pay more than the plaintiff’s last demand in 24.3% of the cases.
Randy is the principal analyst at DecisionSet®, which consults with lawyers and law firms to improve their effectiveness. He has written several books including Beyond Right and Wrong: The Power of Effective Decision Making For Attorneys and Clients and How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy.
He just came out with an excellent new book, Soft Skills for the Effective Lawyer, continuing his work to help lawyers do and be the best they can. He defines soft skills as including “intrapersonal and interpersonal competencies such as practical problem solving, stress management, self-confidence, initiative, optimism, interpersonal communication, the ability to convey empathy to another, the ability to see a situation from another’s perspective, teamwork, collaboration, client relations, business development, and the like” (quoting Susan Daicoff).
He presents research showing that legal clients especially value these skills in lawyers. Much research on lawyers, such as the Institute for the Advancement of the American Legal System’s “Foundations of Practice” study, shows that many practicing lawyers also highly value these skills – often much more than the skills we generally emphasize in law school.
Readers of this blog would obviously recognize these as precisely the skills we focus on in our theory, teaching, and practice. The chapters deal with self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. Each of these subjects include quite a number of specific skills.
The book synthesizes a great deal of research on psychology and lawyers, citing numerous empirical studies. Teachers probably wouldn’t assign this as a required reading, but it would be useful as a recommended reading for law students who want to get a head-start on honing skills that they will really need after graduation. It would also be of interest to faculty and administrators for decisions about what to emphasize in their courses and academic support activities. Scholars interested in this subject would find this book of particular value.
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