How Leading Lawyers Think Expert Insights Into Judgment and Advocacy
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
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Randall Kiser
How Leading Lawyers Think Expert Insights Into Judgment and Advocacy
Randall Kiser DecisionSet1 550 Hamilton Avenue, Suite 100 Palo Alto, CA 94301 USA [email protected]
This book does not contain legal advice 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 interview comments quoted, summarized or paraphrased in this book are opinions, not statements of fact or legal advice, and should not be construed to be the opinions of other attorneys who participated in this study or the law firms or companies in which an attorney currently practices or has practiced. ISBN 978-3-642-20483-8 e-ISBN 978-3-642-20484-5 DOI 10.1007/978-3-642-20484-5 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2011935044 # Springer-Verlag Berlin Heidelberg 2011 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. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Acknowledgments
Seventy-eight exceptional attorneys made this book possible. They generously contributed their time and insights to improve the quality of case evaluation and decision making for other attorneys and their clients. In interviews ranging from 30 minutes to 2½ hours, they patiently imparted the wisdom they had acquired during their combined 2,275 years of legal practice. Throughout the interviews I was aware that, for every hour spent on arranging our interview and responding to interview questions, the attorney would need to work on client matters an hour later that evening or week. Although they bear no responsibility for my imperfect efforts to distill and convey their knowledge, these attorneys are the force and inspiration underpinning this book. I express a deep sense of gratitude to them. In writing this book, I have benefitted greatly from the opinions of many mediators, judges, consultants and attorneys. In particular, I thank Paul Gordon of Rethink LLP and Jonas Jacobson of Trial Behavior Consulting for their comments on portions of this book. I als
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