How Leading Lawyers Think

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

"Randall Kiser, in his new book How Leading Lawyers Think, provides us with an intriguing insight into the accomplished minds of lawyers at the top of their game. Kiser has interviewed 78 attorneys, all with a broad range of experience, to bring us a unique and revealing account of the world of advocating, negotiation, mediation, prediction and litigation from those who know it best. […] Kiser successfully accomplishes a thorough and insightful look into the real lives and pressures of being a practicing lawyer." (Lisa Cherkassky, International Journal of Law and Management, 2012, Vol. 54 Iss: 3, pp. 243 – 245)

“How Leading Lawyers Think is a rare inside look at decision making, mediation, negotiation and case evaluation from the perspectives of leading attorneys who have successfully taken thousands of cases to trial. The insights, experiences and values of these attorneys are masterfully woven into a story that allows the reader to rethink how decisions are made and how cases ought to be evaluated. It’s a book that will make readers not only better practitioners but better human beings.” (Monique McKay, Co-Founder, Master Mediator Institute)

“Errors in case evaluation can be very expensive. Kiser has previously quantified the frequency and cost of such errors in acclaimed empirical research. Here, we get a peek behind those statistics to see how talented trial lawyers avoid errors and decide whether and when a case should be settled or tried to verdict. It’s a must read for clients, advocates, and mediators in the crucible oflitigation.” (Don Philbin, Attorney/Mediator, ADRToolbox)

“From the interviews of 78 leading attorneys, Kiser extracts the perspectives and insights that form the foundation of mastery of case evaluation, client counseling, negotiation and case resolution. By posing open-ended questions, he was able to illuminate the hearts, minds and souls of these lawyers as they make difficult, high-stakes decisions under risk and uncertainty. The reflections of the seasoned lawyers are analyzed and collated brilliantly, and the reader is guided effortlessly on a memorable journey of professional enrichment.” (Robert A. Creo, Founding President, International Academy of Mediators)

"'How Leading Lawyers Think' by Randall Kiser is a rare inside look at decision making, mediation, negotiation and case evaluation from the perspectives of leading attorneys who have successfully taken thousands of cases to trial. [...] Lawyers, mediators and other professionals in the legal field will find useful insights to become better decision makers, facilitators of decision making and advocates in the justice system. [...] 'How Leading Lawyers Think' will read like a novel for those who are self-motivated and seeking to enhance their self-awareness, enhance their skills and connect in a meaningful way with all people in the legal system. For those looking for concrete methods to improve their ability to take a client from the initial meeting to a successful outcome, the book provides a complete context to gain insightful perspectives about what really matters." (Robert Creo, Monique McKay, Mediate.com)

"In How Leading Lawyers Think, Kiser moves from the analysis of large bodies of data to close analysis of a group of select lawyers chosen for their ability to beat the odds and make accurate case assessments and good settlements or good decisions to instead try the cases. He examines their habits of mind and approach to their clients, cases, colleagues and opposition in an effort to isolate practices that can assist all of us as advocates and mediators to calibrate our own case assessments and to understand the importance of certain criteria and disciplines in predicting case outcomes. The body of Kiser’s work is really a must for anyone who seeks an improved understanding of good judgment and impediments to good judgment generally and in the more specific context of case assessment."  (Laura A. Kaster, New York Dispute Resolution Lawyer, Spring 2012, Vol. 5, No. 1, pp. 79-80)

Randall Kiser is the principal analyst at DecisionSet®, a decision services and professional development company in Palo Alto, California. Mr. Kiser, a decision analyst and an attorney, has worked closely with litigants, insurers and attorneys in assessing risks, evaluating litigation alternatives and improving individual and organizational decision-making skills. He is the author of How Leading Lawyers Think (Springer, 2011) and the lead author of the widely read article, “Let’s Not Make A Deal: An Empirical Study Of Decision Making In Unsuccessful Settlement Negotiations” (Journal of Empirical Legal Studies, Vol. 5, No. 3, September 2008). Mr. Kiser received his law degree in 1978 from the University of California, Berkeley (Boalt Hall), and obtained his undergraduate degree in 1975 from the University of California, Davis (Highest Honors). His legal education is complemented by the award in 2002 of a certificate in leadership from the Peter F. Drucker Graduate School of Management, Claremont Graduate University.