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Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients By Randall Kiser PDF, Epub, Mobi Download

January 14, 2018 | Author: timarmoon | Category: Dialectic
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Review 1:
The book was in decent condition and as described for the most part - it had food stains (plus food still in the pages) and smells AWFUL! Very hard to read over the smell!!

Review 2:
Kiser has written a tour de force on the theory and practice of negotiation. An amazing work. Each chapter can stand on its own depending on the nature of your interest in negotiation ... business executive, attorney, client, mediator, academic, student. No filler or fluff.

Review 3:
This is an exceptional book. Through laborious empirical research, Mr. Kiser has come up with a number of insightful observations about the training of lawyers and the practice of law. In the last several weeks, I have been reminded of the quality of his analysis by several articles in the New York Times that have covered some of the same ground.

Mr. Kiser's main thesis is that lawyers receive little or no training in the art of making sound decisions and that when they enter practice, they're often not very good at it. To demonstrate his conclusion, he looked at several sets of data from the courts of California and New York. He compared the outcomes at trial with settlement offers that, had they been accepted, would have avoided a trial. The stunning results were that about 60% of plaintiffs and 25% of defendants would have been better off to accept the pre-trial offer made to them. In the case of defendants, while the incidence of error is lower, the cost of each error (to the client) was, on average, substantially higher.

In the book, Mr. Kiser discusses various factors that might contribute to the poor quality of lawyers' decisions. In so doing, he draws on the work of Daniel Kahneman (author of the bestselling "Thinking Fast and Slow") and others.

He critiques the creaky "case method" of legal education and makes a convincing argument that it is time to reconsider the model. (This was one of the book's topics that was recently the subject of a New York Times article.)

The author suggests some ways in which the system could be improved.

Finally, it's worth noting that the book is very well-written. Mr. Kiser has all of the statistical data and a command of the math, but has presented the topic in a very readable and entertaining style. I'm looking forward to reading his subsequent book, "How Leading Lawyers Think".

Review 4:
This is an important book. It is important first, because it reports thoroughly on the research showing that lawyers and their clients routinely make bad decisions when settling cases. 61 percent of plaintiffs who reject offers and go to trial recover an average of $43,100 less than the last offer in settlement negotiations. 24 percent of defendants are hit with judgments averaging $1,140,000 more than the plaintiff's last settlement demand. And these figures do not include the additional litigation expenses and grief that each side bears when going all the way to a jury verdict.

Everyone associated with litigation--lawyers, business executives, law professors--should read this book.

The book is important second, because it provides a useful summary of the results of 35 years of research by psychologists and economists in the judgment and decision making field and shows how it is relevant to litigation and settlement decisions that lawyers and clients make.

The book is important third, because it gives us an extensive discussion of the malpractice consequences of the bad litigation and settlement decisions of courtroom attorneys.

And the book is important fourth, because the author describes a series of strategies and techniques for overcoming the problems that have been described in the previous parts of the book. It has immediate, practical value.

As Randall Kiser points out, despite hundreds of thousands of lawsuits and numerous lawyers and law professors, we have a dearth of research on litigation decisions and outcomes. He and his colleagues (Martin Asher and Blakely McShane) helped fill part of that void with their important article, "Let's Not Make a Deal," published in September 2008. This book now constitutes a great leap forward.

In a sense, Beyond Right and Wrong is part of the larger effort in the business community to base decisions on real evidence rather than conventional but frequently wrong wisdom. (See, e.g., Davenport and Harris, Competing on Analytics and Pfeffer and Sutton, Hard Facts, Dangerous Half-truths, & Total Nonsense.)

When Ignatz Semmelweis discovered in mid-19th Century that childbed fever, often resulting in the death of the mother, could be prevented if the obstetrician and attending nurse simply washed their hands between deliveries, his colleagues at Vienna's General Hospital and elsewhere scoffed, treating him as some kind of crackpot.

It would be unfortunate if the response of the legal profession to this book were similarly disdainful. Given the prevalence of the Overconfidence Bias (in everyone, not just lawyers), however, such a response, sadly, would not be surprising. Let's hope this is not so.

In any event, Beyond Right and Wrong will make its way as professors adopt it for use in law and business school courses and as corporate legal departments discover its value in reducing the cost of litigation.

My only quibble is with the title, which does not seem to convey what the book is really about. But the content is sufficiently strong to overcome that defect--if, indeed it is one.




Beyond Right and Wrong - The Power of Effective Decision Making ...
Analyzes 11306 attorney-client decisions in actual cases and summarizes decades of research regarding judge, jury, litigant and attorney decision making.

Beyond Right and Wrong - Springer
Beyond Right and Wrong. The Power of Effective Decision Making for Attorneys and Clients. Authors: Randall Kiser … show all 1 hide. ISBN: 978-3-642-03813-6 (Print) 978-3-642-03814-3 (Online). Download Book (PDF, 3144 KB) Download Book (ePub, 1036 KB). Table of contents (12 chapters). Front Matter. Pages i-xiii.

Beyond Right and Wrong: The Power of Effective Decision Making ...
Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients [Randall Kiser] on *FREE* shipping on qualifying offers . Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is.

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