Psychology for lawyers : understanding the human factors in negotiation, litigation, and decision making / Jennifer K. Robbennolt and Jean R. Sternlight.

Format:

Book

Author/Creator:

Robbennolt, Jennifer K., author.

Sternlight, Jean R., author.

Language:

English

Subjects (All):

Law--Psychological aspects.

Law.

Practice of law--United States.

Practice of law.

Lawyers--United States.

Lawyers.

Physical Description:

1 online resource (631 pages)

Edition:

Second edition.

Place of Publication:

Cleveland : American Bar Association, 2021.

Chicago, Illinois : American Bar Association, [2021]

Summary:

Law is a profession centered on human interaction. Virtually every aspect of the practice of law can be enhanced by a well-grounded understanding of psychology—the science of how people think, feel, and behave. Lawyers who harness the insights of psychology will be more effective interviewers and counselors, engage in more successful negotiations, conduct more efficient and useful discovery, communicate more ably, better identify and avoid ethical problems, and even be more productive and happy. Psychology for Lawyers, Second Edition introduces lawyers to some of the key insights offered by the field of psychology, drawn from research on perception, memory, judgment, decision making, emotion, persuasion and influence, communication, and the psychology of justice. It then applies these insights tasks to the daily tasks of lawyering, including interviewing, negotiating, counseling, and conducting discovery. Case studies and examples throughout the text illustrate concepts in an approachable, relatable way. The authors also include recommendations for relevant books, podcasts, and other media for further exploration.

Contents:

Intro

Half Title

Title Page

Copyright Page

Dedication

Contents

Acknowledgments

About the Authors

Introduction

A Note on Audience

Notes

Chapter 1 Perceiving and Understanding the World

The Limits of Attention

Observation and Interpretation

Priming and Concept Accessibility

Schemas, Scripts, and Stereotypes

Confirmation Bias and Biased Assimilation

Causal Attribution and Judgments of Responsibility

Naïve Realism, False Consensus, and the Illusion of Asymmetric Insight

Perspective Taking

For Further Reading: Perception and Construal

Chapter 2 Memory

The Workings of Memory

Our Misperceptions of Memory

Eliciting Memories

Accurate versus Inaccurate Memories

For Further Reading: Memory

Chapter 3 Emotion

Perceiving and Understanding Emotions

General Effects of Mood

Emotions and Appraisal

Managing Emotions

Using Emotions

Emotions as a Source of Information

Emotions as a Source of Motivation

Emotions Used to Facilitate Thought

Displaying Emotions

For Further Reading: Emotion

Chapter 4 Judgment Shortcuts

Positive Illusions

Anchoring

Availability and Representativeness

Availability

Representativeness

Affect Heuristic

Hindsight Bias

Debiasing

For Further Reading: Judgment Shortcuts

Chapter 5 Decision Making

Decision Making Strategies

Information Gathering

Evaluating Options

Framing

Contrast and Compromise

Inaction Inertia

Choice and Time

Reactive Devaluation

Emotions and Decision Making

Affective Forecasting

Decision Regret

Not Deciding

Structuring Decision Making

Reason Giving

Preferred Decision-Making Approaches

Choosing versus Rejecting

Joint versus Separate Evaluation

Deadlines

Group Decision Making.

Implementing Decisions

For Further Reading: Decision Making

Chapter 6 Persuasion and Social Influence

Two Paths to Persuasion

Source Credibility

Message Characteristics

Influence Tactics

The Psychology We've Already Discussed

Reciprocity

Scarcity

Consistency and Commitment

Liking

Social Proof

Obedience to Authority

Channel Factors and Tension Systems

Resistance

For Further Reading: Persuasion and Influence

Chapter 7 Interpersonal Communication

The Complexities of Human Communication

Perspective Taking in Communication

Conversational Norms

Nonverbal Communication

Communication Medium

Culture and Communication

Lying

Developing Effective Communication

Building Trust

Establishing Rapport

Listening

Avoiding Talking Like a Lawyer

Facilitating Disclosure

Conveying Information

For Further Reading: Communication

Chapter 8 Justice

Distributive Justice

Procedural Justice

Re-establishing Justice

Retribution

Restoring Justice

For Further Reading: Justice

Chapter 9 Interviewing Clients and Witnesses

Preparing for the Client Interview

Pre-Interview Information

Setting the Stage

Conducting the Interview

Establishing a Good Relationship with the Interviewee

Recognizing Difference

Questioning and Listening

Addressing Emotions

Questioning

Confirming Accuracy

Remembering the Interview

For Further Reading: Interviewing

Chapter 10 Counseling Clients

Broadening the Focus of Consultation

The Quest for Information

The Quest for Justice

The Quest for Reform

The Quest for Other Nonmonetary Outcomes

The Quest for Litigation

Challenging Preconceptions

Assessing the Likelihood of Success

Dealing with Positive Illusions.

Dealing with Availability and Anchoring

Dealing with Hindsight Bias

Dealing with the Representativeness Heuristic: The Gambler's Fallacy

Choosing among Alternatives

The Decision-Making Process

Tendency to Gather Irrelevant Information

Describing and Comparing Options

Dealing with Sunk Costs

Decisions for the Future

Dealing with Strong Emotions

Using Persuasion Effectively

For Further Reading: Client Counseling

Chapter 11 Negotiating and Mediating

A Psychologically Expanded Model of Negotiation

Constructing Initial Proposals

What Does the Client Want?

Assessing What the Other Side Wants

Devising a Proposal

Presenting Proposals

The Dynamics of Negotiation

Building Relationships

Understanding Negotiation Counterparts

Persuasion and Eliciting Concessions

Presenting Options

Dealing with Emotion

Dealing with Deception

Responding to a Counterpart's Proposal

Mediation

Psychological Opportunities Offered by Mediation

Psychological Challenges Posed by Mediation

Using Mediation to Benefit Clients

For Further Reading: Negotiation and Mediation

Chapter 12 Discovery and Due Diligence

Deciding What Information to Seek

Written Requests for Information

Preparing Interrogatories and Document Requests

Responding to Interrogatories and Document Requests

Conducting and Defending Depositions

Conducting the Deposition

Preparing the Witness for Deposition

Defending the Deposition

Debriefing the Client

Video Recorded Depositions

Reviewing Information Obtained through Discovery and Due Diligence

For Further Reading: Discovery and Due Diligence

Chapter 13 Writing

Psychological Guidance for Writers

Clarity and Accessibility

Audience Perspective: In the Reader's Shoes

Credibility

A Good Story.

Engaging Multiple Channels

Briefs

Early Sections of the Brief

Describing Alternatives

Order of Arguments

Complaints

Letters

Letters to Clients

Letters to Others

Contracts

Framing, Status Quo Bias, and Anchoring in Contract Drafting

Using Contracts to Promote Relationships

For Further Reading: Writing

Chapter 14 Ethics

Bounded Ethicality

Ethical Blind Spots

Slippery Slopes and Boiling Frogs

Ethical Fading

Ethics in Law Practice

Ethical Rules and Standards

The Agency Relationship

The Challenges of the Adversarial System

The Tolls of Law Practice

Status and Power

Lawyers in Groups

Responding to Others' Ethical Failings

Why Don't We Recognize and Learn from Ethical Failures?

Solutions to Psychological Ethical Challenges

For Further Reading: Ethics

Chapter 15 On Being Productive, Successful, and Happy

Attorney Productivity and Success

Time Management

Learning from Mistakes

Grit

Explanatory Style-Lawyers and Pessimism

The Choke: Keeping Cool under Pressure

Collaboration

Lawyer Happiness and Well-Being

Lawyer Satisfaction

Improving Well-Being

But Not Too Happy

Final Thoughts

For Further Reading: On Being Productive, Successful, and Happy

Index

Backcover.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Robbennolt, Jennifer K. Psychology for Lawyers

ISBN:

1-64105-817-X