Informed decision-making for lawyers and clients in litigation requires clear understanding of the litigation’s risks, costs and legal and practical consequences. Rigorous analysis of a litigation’s procedural and legal complexities can be challenging, and lawyer-client communication about that analysis even more difficult. Indeed, our research and experience suggest that many lawyers are uncomfortable talking about risks with clients; and even great lawyers may not employ rigorous methods to assess and analyze risks, costs and potential outcomes. If so, our legal practice fails to meet the standard of fully informed client decision-making.
This website offers resources for lawyers seeking to assess risk and costs and communicate with their clients about them, all in service of fully-informed decision-making. It also offers materials for teaching lawyers and law students to use these methods in practice. To learn more about this website’s offerings, purpose, and creators, please go to ABOUT in the site menu. To dive into the concepts, methods for teaching and for practice applications, just click on the section tabs above.
You may notice much cross-referencing and overlap between content under some of the section tabs. That is intentional and inevitable. We have tried to make it so that site visitors will find what proves useful to them, no matter which path they choose to explore.
For information about the text or materials on this website, feel free to contact
Marjorie Corman Aaron
Professor of Practice
University of Cincinnati College of Law