In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Identifies the skills and traits essential to sound legal judgment and effective advocacy through interviews with 78 leading attorneys Integrates contemporary research on the psychology of legal problem solving and the development of professional expertise with the study attorneys' views on judgment and advocacy Shows how effective attorneys communicate persuasively with judges, mediators, jurors, adversaries, insurers and clients Describes common oversights and mistakes in case evaluation and settlement negotiations and how to prevent them Probes the relationship between superior attorney performance and emotional intelligence, perpetual learning, resiliency and personal responsibility Explains how mediation, tort reform, insurers and trial delay reduction programs have changed litigation practice

Autorentext

Randall Kiser is the principal analyst at DecisionSet®, a decision services and professional development company in Palo Alto, California. Mr. Kiser, a decision analyst and an attorney, has worked closely with litigants, insurers and attorneys in assessing risks, evaluating litigation alternatives and improving individual and organizational decision-making skills. He is the author of How Leading Lawyers Think (Springer, 2011) and the lead author of the widely read article, "Let's Not Make A Deal: An Empirical Study Of Decision Making In Unsuccessful Settlement Negotiations" (Journal of Empirical Legal Studies, Vol. 5, No. 3, September 2008). Mr. Kiser received his law degree in 1978 from the University of California, Berkeley (Boalt Hall), and obtained his undergraduate degree in 1975 from the University of California, Davis (Highest Honors). His legal education is complemented by the award in 2002 of a certificate in leadership from the Peter F. Drucker Graduate School of Management, Claremont Graduate University.

Inhalt
Introduction.- Part I Roles and Responsibilities.- Part II Frameworks and Connections.- Part III Feelings and Traits.- Part IV Techniques and Strategies.- Part V Learning and Advice.- Conclusion.