Celebrating 10 years! 2007-2017

New Book on Law and Cognitive Biases

Scott Fruehwald, Understanding and Overcoming Cognitive Bias scottfruehwald03/05/18
Thanks Scott; will check it out. Will it help me Think dogdaypm03/06/18
Didn't you already waste enough money trying to do just that triplesix03/06/18
Sorry Scott but that old wily bastard Kurzban is releasing y isthisit03/06/18
The most successful plaintiff attorney I know leverages cogn jd4hire03/06/18
Good one to know for negotiations is the anchoring-and-adjus therewillbeblood03/06/18
You are correct. This is one of the main points of my book- scottfruehwald03/06/18
Scott - You familiar with David Ball and Herb Stern? Herb S jd4hire03/06/18
I read Daniel Kahneman's book Thinking, Fast and Slow, and I scottfruehwald03/06/18
scottfruehwald (Mar 5, 2018 - 11:55 pm)

Scott Fruehwald, Understanding and Overcoming Cognitive Biases For Lawyers And Law Students: Becoming a Better Lawyer Through Cognitive Science (2018). Sample chapter on SSRN at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3120662 .

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dogdaypm (Mar 6, 2018 - 10:28 am)

Thanks Scott; will check it out.

Will it help me Think Like A Lawyer?

😁

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triplesix (Mar 6, 2018 - 11:00 am)

Didn't you already waste enough money trying to do just that?!

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isthisit (Mar 6, 2018 - 11:15 am)

Sorry Scott but that old wily bastard Kurzban is releasing yet another addition of his sourcebook in June so I'm holding onto my legal research dollars for that.

The man has cornered the Immigration racket and I need to pay him his due.

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jd4hire (Mar 6, 2018 - 1:43 pm)

The most successful plaintiff attorney I know leverages cognitive biases to the maximum extent possible.

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therewillbeblood (Mar 6, 2018 - 2:18 pm)

Good one to know for negotiations is the anchoring-and-adjustment heuristic.

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scottfruehwald (Mar 6, 2018 - 2:37 pm)

You are correct. This is one of the main points of my book--understanding cognitive biases so that you can counter their use by other attorneys.

Yes, the anchoring bias is very important for negotiations.

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jd4hire (Mar 6, 2018 - 4:51 pm)

Scott - You familiar with David Ball and Herb Stern? Herb Stern is a former Federal District Court Judge who authored "Trying Cases to Win" and gave presentations on the concepts. I personally think he was ahead of his time and was utilizing cognitive bias way before others learned how.

Just curious, what caused you to write about the subject and how did you find the time to do so?

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scottfruehwald (Mar 6, 2018 - 5:25 pm)

I read Daniel Kahneman's book Thinking, Fast and Slow, and I thought his ideas were very relevant for lawyers. In addition, I know of no book on cognitive biases that goes into detail on how to overcome them. For this task, I used techniques from my book, Developing Your Inner Lawyer: Creating Your Professional Identity. When you want to write a book, you make time.

I haven't read the Stern book, but I will take a look at it. Many attorneys use cognitive biases for persuasion, usually without knowing it. This is why it is so important for attorneys to learn about cognitive biases.

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