Legal Risk Management
​Resources & Software Tools

Verdict & Settlement Reports

Win Before Trial's Verdict & Settlement Reports give you not only the base rates for your specific type of case in your jurisdiction and across the country; but they also include sample jury instructions and other valuable information you can use for the purposes listed above, to prepare pleadings, and to develop case strategy.
"For the rational study of the law, the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics."
                                                                                                                               -Oliver Wendell Holmes, Jr.
                                                                                                                              The Path of the Law 

THE MEDIATOR'S ASSISTANT 

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We built The Mediator's Assistant to help mediators and their clients avoid positional bargaining impasse and achieve better results in mediation by more accurately assessing the financial value/risk of lawsuits. The tool uses our proprietary Dual View Assessment™ system, which gives users valuable insights into the other side's perspective.
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The package includes worksheets for attorneys on each side, a case value and risk analysis tool for each side, model jury instructions, checklists, and other resources. Developed by a mediator for mediators, The Mediator's Assistant helps legal professionals gain insights into cases that will help them Win Before Trial.

Get the book that started it all.
Free as part of The Mediator's Assistant.

Win Before Trial: What lawyers Must Know to get the Best Outcomes Possible.  This comprehensive 203 page e-Book covers litigation strategy, predicting litigation outcomes, and estimating the financial value and risk of continuing a lawsuit to a final judgment. This book lays the foundation for our dual valuation method. Buy now for $25 or get your free copy as part of The Mediator's Assistant package.  Offer available for a limited time only.
"The best generals
​win without fighting."
-Sun Tzu, ​The Art of War
Preview: Download chapters 1 & 2
"For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics."
                                  -Oliver Wendell Holmes, Jr.
                                  The Path of the Law 
"The general who wins the battle makes many calculations in his temple before the battle is fought.  The general who loses makes few."
                                                              -Sun Tzu

Solving the Biased Judgment Problem
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When predicting litigation outcomes and assessing case value, lawyers are afflicted with the same cognitive biases that distort the judgment of other professionals and humans generally. We select helpful evidence and discount the bad news (confirmation bias). Our value and risk assessments are skewed by the anchoring effect. Our predictions suffer from overconfidence bias. And so on. 
By methodically collecting and analyzing the judgment of many minds, we can mitigate these cognitive biases and produce more accurate case assessments.
Working with two different software programs, Win Before Trial is developing resources that will help our clients get superior judgments about motions and likely verdicts, including the ultimate questions: What is my case worth? and How much exposure do I have?
We call this crowd-sourcing method Stone Soup Analytics™. Send us your email address and we'll give you advance notice of its release.™™

Featured Articles

The Neuropsychology of
the ​Reckless Litigator 
by: Michael Palmer
 A significant percentage of lawyers reject sensible settlement proposals, preferring trial with financially worse outcomes. This essay posits the hypothesis that the reckless litigator phenomenon is caused, at least in part, by aberrations in the neurophysiology of the reckless litigator’s brain in conjunction with four established cognitive biases and heuristics and the male tendency to contend when rank and status are not defined by social roles. 
Strategic Thinking for Mission ​Success 
by: Michael Palmer
 Litigation is as much a part of business as annual reports and tax returns.  The question for corporate leaders and managers is not whether lawsuits will occur but whether the risk of litigation and the lawsuits themselves will be well managed.  This article discusses how to achieve that goal. The development of good metrics and analytics is a key aspect of the strategies for achieving both objectives. 
Which is Better:
The Deal or ​The ​Ordeal?
by: Michael Palmer
Five-year old Valerie Lakey is horribly and permanently injured when the water recirculation system traps her at the bottom of a wading pool. Her medical care, including as many as a dozen surgeries and a long line of specialists, will cost millions of dollars, not to mention the loss of any chance for a normal life. Her parents file suit on her behalf against various defendants, including the manufacturer of the missing drain cover.

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developments in Legal Risk Management.