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A Touch of Bias
Ever feel like you are playing a rigged game? keep reading »
The Real Fight
What is the real fight about in a jury trial? Jurors vote their morality. That is, their moral view of justice. We make the choice that makes us feel better about our world. We are given information and then we make up our own interpretation of what that information means based our preexisting worldview. Our worldview actually changes what we… keep reading »
Your Done, When All You Want Is To Finish
As you stand before the judge, you hear your opposing counsel say “your honor we have already addressed that issue, there is no need for those questions. The jury panel has already been instructed on the law.” The judge looks at you and in a low voice says “counsel your response?” “Your honor, I am unclear as to the prosecutor’s… keep reading »
The Second Worst Question
People who lie, cheat and steal normally don’t admit that they lie, cheat and steal. Thus, it is reasonable to assume that a deceitful person, would act deceitful, when asked a question about how truthful they are. So, what do you think would be the benefit of asking a deceitful person: “are you a liar?” That would probably be the… keep reading »
Too Much Education
Just for fun, try this little exercise. Call the Admissions Department of the the law school closest to where you live. Ask them the class sizes for the last five years. Next, look at your local State Bar Magazine / Website classifieds section. I believe you will find some trends going in opposite directions. keep reading »
When You Expect Everything You Never Get It
Has this ever happened to you? keep reading »
What’s Next?
Where do you go after law school? Students in the top 10% of their class probably went to work in a mega-firm. What about everyone else? Did you choose your place in the legal world, or did you take the job that was in front of you? Reality answers this question for most people – you took the job available… keep reading »
Rules Are Good, Why is Better
Let’s accept a premise that is already widely embraced by behavioral economists: persuasion commonly works better than rules to change a person’s behavior. Below I have applied this maxim to a small part of one of my closing arguments. See which of the versions is more compelling to you. ORIGINAL When I first talked with all of you,… keep reading »