september 2019 bar bulletin
By Thomas M. O’Toole
The field of behavioral economics has made significant gains in the study and understanding of decision-making. One of the most consistent findings is that our decision-making can be quite irrational, especially when we are confronted with complex or confusing information.
Consequently, studies in behavioral economics offer some fascinating insights that can guide decision-making as attorneys develop their presentation strategies for trial. There are entire books that could, should, and soon will discuss the application of behavioral economics to jury decision-making, but in this article, I want to focus on three interesting studies and how they might guide decision-making as attorneys...