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Using and Abusing Cognitive Biases in Law - Part 2

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Using and Abusing Cognitive Biases in Law - Part 2
6th Annual Current Topics in Ethics & Professionalism

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. You will also hear from experienced lawyers and judges on how they persuade, negotiate and decide in light of cognitive biases.

In this thought-provoking program, you will satisfy your annual Professionalism Hours and:

  • Discover what advocacy tools are effective and questionable (45 minutes):
  • Courtroom, including interaction with judiciary, court staff, clients and opposing counsel. Practice and discuss intuitive processes and techniques to refine how you think in fast scenarios. (9 minutes)
  • Boardroom, including interaction with clients and opposing counsel. Learning to be more reflective about your own thought processes and decision making strategies. (9 minutes)
  • Client acquisition/retention, including methods for overcoming challenges that prevent clear thinking: juggling multiple tasks, ethical dilemmas, pressure from clients (9 minutes)
  • Negotiation: Develop flexibility and effective problem solving methods by using the following strategies (9 minutes):
    • Defining the problem
    • Finding the cause
    • Context and consequences
    • Generating solutions
    • Choosing the best solution
    • Principles of rational thinking
    Mediation: Identifying cognitive biases – both conscious and unconscious. How to hone and refine how you think critically. (9 minutes)

Presenter(s)

Jack Fireman

Joe Groia

Gillian Hnatiw