Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show that self-deception can be a powerful tool for persuading (or fooling) others, and persuading others is a big part of what we do.  There’s no doubt that many successful ...

Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show ...

Civil lawsuits brought in superior court seeking money damages of $50,000 or less are generally subject to mandatory arbitration.[1]  The legislature implemented this requirement in an effort to reduce court congestion and speed up the resolution of civil cases.[2] After the arbitrator issues an award, any party may appeal to the superior court and request a trial de novo.[3]  ...

Civil lawsuits brought in superior court seeking money damages of $50,000 or less are generally subject to mandatory arbitration.[1]  The legislature implemented this requirement in an effort to reduce court ...

Warren Zevon – underappreciated musical genius – died a little over ten years ago on September 7, 2003. I’ve been a Zevon fan for years. Recently, in the midst of a nostalgic romp through his catalog, I was musing about “Lawyers, Guns and Money,” the closing track from his classic 1978 album Excitable Boy. The song ends: I'm hiding ...

Warren Zevon – underappreciated musical genius – died a little over ten years ago on September 7, 2003. I’ve been a Zevon fan for years. Recently, in the midst of ...

Litigators are expected to be assertive.  Not necessarily aggressive or obnoxious, but assertive.  This is as true for easygoing “Type Bs” as it is for high-strung “Type As.”  So what lessons are litigators to draw from this Harvard University study showing that men and women using relatively larger electronic gadgets behave more assertively than folks using relatively smaller gadgets? ...

Litigators are expected to be assertive.  Not necessarily aggressive or obnoxious, but assertive.  This is as true for easygoing “Type Bs” as it is for high-strung “Type As.”  So what ...

For litigators, persuasion is the name of the game.  We’re constantly striving to persuade judges, juries, other lawyers, opponents, and sometimes clients of the correctness of our factual and legal analysis.  In doing so we often convince ourselves – not just that our arguments are substantively correct, but also that we’re making them in the best possible way. This ...

For litigators, persuasion is the name of the game.  We’re constantly striving to persuade judges, juries, other lawyers, opponents, and sometimes clients of the correctness of our factual and legal ...