Beyond Right and Wrong The Power of Effective Decision Making for At
Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that wh
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Randall Kiser
Beyond Right and Wrong The Power of Effective Decision Making for Attorneys and Clients
Randall Kiser DecisionSet1 550 Hamilton Avenue, Suite 100 Palo Alto, CA 94301 USA [email protected]
ISBN: 978-3-642-03813-6 e-ISBN: 978-3-642-03814-3 DOI 10.1007/978-3-642-03814-3 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2009941064 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This book does not contain and is not intended to be a substitute for legal advice. The ideas and strategies contained in this book may not be suitable for a reader’s circumstances, and readers should consult with a professional and conduct independent research before taking any specific action. The views expressed in this book are those of the author and do not necessarily reflect those of any organization or business with which he is affiliated. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Acknowledgements
This book reflects thousands of interactions with judges, clients, attorneys, law professors, insurance company executives, law students and mediators. I have a sense of gratitude for every person who shared minutes or hours of their time to relate their experiences and impart their insights. Jeffrey Rachlinski expressed an early interest in my empirical research regarding attorney-client decision making, and I recall distinctly his initial, lengthy email sent at dawn on a Sunday morning. His analytical rigor and constructive criticism refined the research later described in my Journal of Empirical Legal Studies (JELS) co-authored article, “Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Negotiations.” Some of the key concepts in the JELS article are carried over into Chapter 3 of this book, although I am solely responsible for this substantively different treatment of legal decision making. The legal community’s immediate and broad interest in the JELS article provided fresh impetus to complete this book, a task started in 2004 and completed about a year after the article’s publication. I thank each individual who found the
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