Using and Abusing Cognitive Biases in Law - Part 2

The practice of law is rife with biases. From the instant credibility placed on authority figures to a myopic theory of liability, no one is immune from the subtle influences that exist all around us.

In this thought-provoking program, you will satisfy your annual Professionalism Hours and discover what advocacy tools are effective and questionable (45 minutes):

Application Contexts

• Courtroom (9 minutes)

  • Interaction with judiciary, court staff, clients, and opposing counsel

  • Practice and discuss intuitive processes and techniques to refine how you think in fast scenarios

• Boardroom (9 minutes)

  • Interaction with clients and opposing counsel

  • Learning to be more reflective about your own thought processes and decision-making strategies

• Client Acquisition/Retention (9 minutes)

  • Methods for overcoming challenges that prevent clear thinking:

    • Juggling multiple tasks

    • Ethical dilemmas

    • Pressure from clients

• Negotiation (9 minutes). Develop flexibility and effective problem-solving methods using the following strategies:

  • Defining the problem

  • Finding the cause

  • Context and consequences

  • Generating solutions

  • Choosing the best solution

  • Principles of rational thinking

• Mediation (9 minutes)

  • Identifying cognitive biases – both conscious and unconscious

  • How to hone and refine how you think critically

Presenters

• Jack Fireman
• Joe Groia
• Gillian Hnatiw