#jury-instructions

#jury-instructions

Conventional wisdom would dictate you play the percentages, and if most cases settle, why prepare them as if they may go to trial? There is a misunderstanding underlying this approach, which reveals a paradox. The paradox is that if you treat every case as if it were going to trial, you're more likely to settle them on favorable terms, less likely to try these cases, and if you do, are more prepared to try them if they go.