Judges and Judiciary
Oct. 11, 2014
Recognizing confirmation bias: It's a start
Every mediator and settlement judge knows this moment: The client or the lawyer has just made an outlandish, insane statement about the value of the case. By Curtis E.A. Karnow
Civic Center Courthouse
Curtis E.A. Karnow
Judge
San Francisco County Superior Court
Trials, Settlements
Judge Karnow is author of "Litigation in Practice" (2017) and current co-author of Weil & Brown et al., "California Practice Guide: Civil Procedure Before Trial" (Rutter).
Every mediator and settlement judge knows this moment: The client or the lawyer has just made an outlandish, insane statement about the value of the case. Silence reigns; discussions come to a grinding halt. What's worse - much worse - is that the speaker seems to really believe this.
And she does.
Lawyers see this with clients, too. The client has (as we delicately say) "unrealistic expectations." The defendant simply cannot believe that real money may be needed to win...
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