Presented by the Small Firm & Solo Practitioner Section
Most cases settle, and the job of a litigator has increasingly become a process of using judgment and making decisions to bring about a settlement. The litigator performs two roles, advocate and counselor, and in each role, the litigator uses judgment and makes decisions. As an advocate, the lawyer strategizes about the case, collects and preserves evidence, and negotiates on behalf of the client. As a counselor, the lawyer gives cost estimates, odds of prevailing, and of the probability of various desired and undesired outcomes.
Clients have good reason to expect that their lawyers will make these judgment calls and decisions in a consistent and well-reasoned manner. But at each phase of the litigation/settlement process, pervasive psychological traps may impede lawyers’ ability to make decisions that effectively maximize client values. This workshop covers a few of the most well-established psychological phenomena that occur during the litigation/settlement process. Hopefully, by understanding more of the psychology of lawyering, litigators can give more consistent and better reasoned advice to their clients.
Richard Birke is the Executive Director of the JAMS Institute – the teaching and training arm of JAMS. In that capacity, Birke leads a team of educators and professionals committed to providing JAMS with exceptional internal training, starting with new panelists and continuing with the nation’s most experienced neutrals. In addition, the Institute’s role as an external trainer and education provider continues to expand both domestically and internationally, with ADR courses across the U.S. and in the E.U., Asia, Latin America and North Africa.
Prior to joining JAMS, Birke was a trial lawyer in the greater Boston area, a graduate student at Harvard Law, Associate Director of the Stanford Center on Conflict and Negotiation and a lecturer in law at Stanford Law School. In 1993, he became a law professor at Willamette University and director of their Center for Dispute Resolution. While at Willamette, Birke directed the program to a top 5 ranking and the Ninth Circuit ADR Education Award.
Originally Recorded 9/17/20
1.5 Hours of General CLE Credit
This On Demand Program is a streaming video presentation. Upon Purchase, you will receive a confirmation email with a link to access the program and download the program materials PDF file. Once you have completed the program a certificate will be generated and emailed to you within 1-2 business days.
Search terms: test, MCLE, Streaming, Audio, Lawyer, box
Product Code: 091720SMLOD