NCJ Number
108723
Journal
Ohio State Journal on Dispute Resolution Volume: 2 Issue: 2 Dated: (Spring 1987) Pages: 223-243
Date Published
1987
Length
21 pages
Annotation
The traditional model of the lawyer's role emphasizes trial preparation and litigation. Yet lawyers file lawsuits in less than 50 percent of cases, resolve over 90 percent without trial, and rely on specific court judgments in less than 1 percent.
Abstract
In deciding whether to negotiate or litigate, lawyers usually rely on their evaluation of probable court outcome. In evaluation of probable court outcome, three psychological factors influence the way lawyers negotiate: the power of self-deception and the natural tendency to notice that which supports one's own perspective or opinion; personality attributes such as self-esteem, ambition, risk-taking propensity, and tolerance of ambiguity; and social psychological variables such as role, gender, culture, and structure. Despite these factors, there are three ways lawyers can use perceived probable court outcome as a means of increasing the likelihood of successful negotiation and avoiding litigation. These include building the lawyer-client relationship, defining an effective bottom line, and maximizing bargaining power for the client. The lawyer should use court procedures and deadlines in ways that will both increase the chances of settlement and improve probable outcome. 85 footnotes.