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Law School Reduced Ability to Predict Case Outcomes
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
Mediation Quotes
May 20, 2014
In the vast majority of cases, clients have a greater likelihood of making a devastating settlement decision in a mediation session than watching their attorney conduct a devastating cross-examination at trial. - Randall Kiser Some of the sharpest men in argument are notoriously unsound in judgment. I should not trust the counsel of a smart debater, any more than that of a good chess-player. - Oliver Wendell Holmes The appropriateness of lawyers' probability judgments has important implications...
May 20, 2014
In the vast majority of cases, clients have a greater likelihood of making a devastating settlement decision in a mediation session than watching their attorney conduct a devastating cross-examination at trial. - Randall Kiser Some of the sharpest men in argument are notoriously unsound in judgment. I should not trust the counsel of a smart debater, any more than that of a good chess-player. - Oliver Wendell Holmes The appropriateness of lawyers' probability judgments has important implications...
How Lawyers’ Intuitions Prolong Litigation
May 20, 2014
Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse...
May 20, 2014
Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse...
@Google Presents: Daniel Kahneman
May 19, 2014
Daniel Kahneman, recipient of the Nobel Prize in Economic Sciences for his seminal work in psychology that challenged the rational model of judgment and decision making, is one of our most important thinkers. His ideas have had a profound and widely regarded impact on many fields—including economics, medicine, and politics—but until now, he has never brought together his many years of research and thinking in one book. In the highly anticipated Thinking, Fast and Slow, Kahneman takes us on a groundbreaking...
May 19, 2014
Daniel Kahneman, recipient of the Nobel Prize in Economic Sciences for his seminal work in psychology that challenged the rational model of judgment and decision making, is one of our most important thinkers. His ideas have had a profound and widely regarded impact on many fields—including economics, medicine, and politics—but until now, he has never brought together his many years of research and thinking in one book. In the highly anticipated Thinking, Fast and Slow, Kahneman takes us on a groundbreaking...
Average Americans Think They’re Smarter Than the Average American
May 16, 2014
The latest results from YouGov show that most Americans (55%) think that they are smarter than the average American - meaning that the average American thinks that they are smarter than the average American. A third of the country (34%) say that they are about as smart as the average person, while only 4% say that they are less intelligent than average Americans. People with higher levels of educational attainment say that they are smarter than most Americans, with fully 51% of people with post-graduate...
May 16, 2014
The latest results from YouGov show that most Americans (55%) think that they are smarter than the average American - meaning that the average American thinks that they are smarter than the average American. A third of the country (34%) say that they are about as smart as the average person, while only 4% say that they are less intelligent than average Americans. People with higher levels of educational attainment say that they are smarter than most Americans, with fully 51% of people with post-graduate...
How to Tell When Someone is Lying
May 13, 2014
People lie all the time. According to the psychologist Robert Feldman, who has spent more than four decades studying the phenomenon, we lie, on average, three times during a routine ten-minute conversation with a stranger or casual acquaintance. Hardly anyone refrains from lying altogether, and some people report lying up to twelve times within that time span. I might open a conversation, for instance, by saying how nice it is to meet someone—when I’m really not at all happy about it. I might...
May 13, 2014
People lie all the time. According to the psychologist Robert Feldman, who has spent more than four decades studying the phenomenon, we lie, on average, three times during a routine ten-minute conversation with a stranger or casual acquaintance. Hardly anyone refrains from lying altogether, and some people report lying up to twelve times within that time span. I might open a conversation, for instance, by saying how nice it is to meet someone—when I’m really not at all happy about it. I might...
The 7 Stages of Business Travel Stress
May 8, 2014
How stressful is business travel? Very. Especially if you’re a female vice president. We know this because Michael Segalla...
May 8, 2014
How stressful is business travel? Very. Especially if you’re a female vice president. We know this because Michael Segalla...
Future Law 2014 Recap
May 8, 2014
On May 2, 2014, CodeX hosted its 2nd annual FutureLaw Conference bringing together leading thinkers, entrepreneurs, investors...
May 8, 2014
On May 2, 2014, CodeX hosted its 2nd annual FutureLaw Conference bringing together leading thinkers, entrepreneurs, investors...
Visual Law Services Are Worth a Thousand Words—And Big Money
April 29, 2014
To eliminate the guesswork from settlement negotiations, San Antonio, Texas, mediator Don Philbin developed Picture It Settled,...
April 29, 2014
To eliminate the guesswork from settlement negotiations, San Antonio, Texas, mediator Don Philbin developed Picture It Settled,...
Turning Negative Feedback Into a Positive
April 28, 2014
Feedback is everywhere. Not just in the form of professional performance reviews and unwanted comments from your parents, children and partners. Social media and review sites have unleashed the critic in us all. Eating a meal out? Post what you think of the food and waiters on a review site while still at the table. If you are reading this review online, you can leave a comment below saying just how wrong I am. We may not be able to exert complete control over what someone else thinks of us, but we can certainly...
April 28, 2014
Feedback is everywhere. Not just in the form of professional performance reviews and unwanted comments from your parents, children and partners. Social media and review sites have unleashed the critic in us all. Eating a meal out? Post what you think of the food and waiters on a review site while still at the table. If you are reading this review online, you can leave a comment below saying just how wrong I am. We may not be able to exert complete control over what someone else thinks of us, but we can certainly...
