Clinical law Review
Misjudgement, Mental bias, Legal decision-making
This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and suggests how to identify and attenuate these biases. It closes with the reminder that careful study and reflection will make us better legal counselors, but a precise analysis of lawyerly judgement still eludes us.
Don't Believe Everything You Think: Cognitive Bias in Legal Decision Making, 8 Clinical L. Rev. 783
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