Here’s some interesting information on why having a lawyer advocate on your behalf is a good idea.
A recent study came out in the Journal of Empirical Legal Studies titled “Lawyer and Nonlawyer Susceptibility to Framing Effects in Out-of –Court Civil Litigation Settlement” from researchers in England.
The study showed that lawyers are better than non-lawyers at ignoring framing effects. Framing what, you ask? Think of a lawsuit in which you are involved. If you have the potential to settle it for a gain with money coming in, then you will be more likely to settle for a smaller (but definite) gain rather than take the risk associated with seeking more (which can include the risk of getting nothing at all).
On the other hand, science shows that individuals do not act rationality when it comes to a loss scenario. In that case, where you are paying money out to settle the lawsuit, science says that you are more likely to ignore the potential to settle for a smaller (but definite) loss and will instead risk continuing forward even though the risk entails losing even more (as that additional risk includes the potential of having to pay nothing if you win the lawsuit).
Happily for you (if you hire good lawyers like us), the study confirmed that lawyers are less likely to be subject to this bias in reasoning.
Lawyers are trained to analyze fact scenarios and assess the risks of proceeding forward, whether or not you are facing a gain or loss situation. Lawyers regularly make recommendations to clients on settlement, setting out the risks associated with proceeding forward and the potential outcomes. With the advice of your lawyer, you are then in a better position to properly assess risk and avoid the “framing effect”.
Now you have the scientific proof to confirm that there is value in retaining our services!
Paul H. Voorn, LLB
Andriessen & Associates, Professional Corporation