An Open Letter to Litigators (i.e., Unreliable Witnesses)
The Cloud Court Blog
APRIL 24, 2023
And you realized—too late—that you failed to use it in motion practice or settlement or witness outlines or impeachment. As Philip Tetlock aptly observes, “We don't naturally look for evidence that could falsify our hunches.” [ii] We construct, to our peril, narratives that are fictional rather than factual.
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