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Lawyers Know Too Much!

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I recently finished the mediation of a complex federal court action where the parties started off over 20 times apart -- the plaintiff's demand was more than 20 times the defendant's offer.

The case settled in part because the directed conversation during the mediation revealed to the respective attorneys that they were too close to their case to objectively value it.

Now, what do I mean by that -- don't we WANT lawyers to be intimate with their cases? Of course we do -- especially clients. But frequently lawyers just know too much about the case, all the subtleties of the law, all the twists of the facts, the hidden gems in the testimony.

As a result, it becomes very easy for them to discount even "bombshell" revelations from the opponent. They will often see all the individual "trees" of their law and evidence as providing great strength and cover from the arrows of the opposition.

The problem is