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CLE Attendees Meet the Gentle “Art” of Persuasion JEAN McCOY Hearsay Special Correspondent At the conclusion of the CCBA Annual Membership Meeting on September 12, 2011, participants had the option of attending a one-hour CLE taught by Professor Arthur Kohn titled “Psychology and the Law: The gentle art of persuasion.” Dr. Kohn earned his Ph.D. in cognitive science at Duke University. He is a professor at Portland State University where he teaches a course in Psychology and Law. Most importantly, and to add to his credentials, he is Jane Clark’s fiancé! Having opened a pandora’s box of interesting information regarding the influence we have on others, Dr. Kohn left us wondering if we can say we always use it for the good. If you are interested in more topics like this for CLE presentations, give Jane Clark an e-mail at jane@janeclarklegal.com. Dr. Kohn talked about principles of influence that cause humans to act in predictable ways. One instance begins with the delivery of a gift with no stated expectation of return. This principle is utilized by the Hare Krishna in airports where the recipient receives a rose and a blessing; some feel inclined to donate money and when the rose is disposed of, it is recycled to create a “gift” for the next recipient. Easter Seals sends out free address stickers with a donation card on the same principle. This may be one type of tactic that many of us recognize as manipulation and refuse, but the tug is there in our consciousness not to accept something without giving something in return. Understanding our natural human responses allows us to see the cause and effect of certain actions, and being a student of human nature could further assist us in resolving our pending cases. Another principle of influence is utilized by showing the contrast between two items. A realtor showing property can show a high priced dump to a client, then swing by a favorable property in the client’s price range. Of course, the second property, in contrast to the first, looks better to the prospective purchaser and the comparison can have a bearing on the decision on whether to make an offer. Talking with a client regarding a settlement offer and describing where they can be if they accept the offer, and where they can be if the case goes further to trial can provide a contrast that will influence a client to pick one or the other option more readily than if the discussion hadn’t occurred. We talked about how much control an attorney does have in these circumstances, and how sometimes a conflict arises between the clients’ best interest and the attorneys’ best interest when settlement negotiations come up. A comment was made that some counsel want to keep an individual in a case for financial incentive, where the individual may be better off settling early. There is a moral and ethical element of influence that arises when we review how these discussions with our clients take place, and how much our personal feelings could leak out into the advice given. Jane Clark and Dr. Art Kohn pose for the camera. Kurt Rylander holds the Hare Krishna rose for Dr. Kohn. 10 CLARK COUNTY BAR ASSOCIATION
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Page 1 and 2: ccbawashington.org OCTOBER 2011 OFF
Page 3 and 4: PRESIDENT’S MESSAGE JOHN FAIRGRIE
Page 5 and 6: APPELLATE PRACTICE TIPS by C.C. Bri
Page 7 and 8: CCBA Golf Tournament Tees Off KURT
Page 9: managed to get the case continued a
Page 13 and 14: Young Lawyer vs. Senior Lawyer Soft
Page 15 and 16: Washington Women Lawyers presents:
Page 17 and 18: CLARK COUNTY BAR ASSOCIATION CLE SE
Page 19 and 20: GETTING TO KNOW: LISA DARCO “Gett
Page 21 and 22: Controversial Issues in Mediation b
Page 23 and 24: Benefits of CCBA Membership HEARSAY
Page 25 and 26: LAW LIBRARY NEWS ATTORNEY BOOKKEEPI
Page 27 and 28: 2011/2012 CCBA OFFICERS & TRUSTEES

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