CIVIL PROCEDURE BACK TO BASICS 36A: UNDERSTANDING “LITIGATION WISHFUL THINKING”

April 23, 2019 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

In assessing a case, and the evidence of both sides, litigators have to be aware of the process of  "litigation wishful thinking".  Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have happened rather than what actually occurred. A wit...

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