The Trial Lawyer's Guide to Cognitive Biases

A penchant for partiality

Have you ever bought something unnecessary or overly expensive but rationalized the purchase so much that you ended up convincing yourself it was essential? That’s a classic example of a form of cognitive bias called post-purchase rationalization.

Falling prey to cognitive bias is something we all do. According to Psychology Today, some sociologists believe cognitive biases help us process information more quickly, meet our most basic needs, and connect with others. ¹ In today’s complex world, however, the simplest or fastest route to a judgement may not always be the best.

To keep bias from derailing your case, it’s important for attorneys to identify and overcome these errors in judgment. That’s exactly what you’ll learn at The Trial Lawyer’s Guide to Cognitive Biases.

Impartiality insights

Don’t believe everything you think. Understanding yourself, judges, jurors, witnesses, clients, and opposing counsel starts with an understanding of the cognitive biases to which we’re all prone. Receive an introduction to various types of bias, including:

• The Affect Heuristic – inserting your feelings of like or dislike into decision-making. For instance, each lawyer usually likes their own client better than the opposing client, leading to an exaggerated belief in the likelihood of success.
• Confirmation Bias – seeking out information that conforms to your pre-existing beliefs and ignoring anything else.
• Just-World Phenomenon – believing the world is fair and people get what they deserve, leading you to look for ways to rationalize injustice (i.e., victim blaming).
• Clustering Illusion – seeing random events occurring in clusters as non-random events or patterns.

Explore how these subconscious mental shortcuts affect your own and others’ thinking. Learn tips for identifying cognitive bias as well as techniques to help you more objectively evaluate your own cases.

Don’t be swayed

Lawyers looking to improve their skills and better serve their clients must be aware of how cognitive biases can affect logic and deploy strategies to minimize them. Equip yourself to overcome bias with help from The Trial Lawyer’s Guide to Cognitive Biases.