Gray Matters: Decision Error

Law360, New York (March 22, 2017, 12:21 PM EDT) -- Robert Creo

Selina Shultz Good decision making is the essence of effective lawyering. Lawyers make hundreds of decisions in the course of accepting or declining a case, gathering information, advising the client and in representation activities. This is true whether the function is primarily documenting plans, such as estate and business planning, transactional work or litigation.

However, predicting outcomes of litigation and disputed transactions is akin to attempting to predict the weather on a particular day six months in advance. We may know the season, but there are too many variables of climate to be extremely confident. Attorneys perceive that decision...

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