We like to think we make decisions based on logic and reason, but the truth is, our brains are wired with shortcuts and biases that can significantly influence our judgment. These cognitive biases can play a subtle yet powerful role in legal disputes, affecting how we perceive information, evaluate evidence, and make decisions. Our friend at Flat Fee Divorce Solutions shares some of the cognitive biases that they have seen during her career and how they can affect cases.
1. Confirmation Bias: Seeing What We Want To See
Confirmation bias is the tendency to seek out and interpret information that confirms our existing beliefs, while ignoring or downplaying information that contradicts them. As a family lawyer can share, this bias can lead us to:
- Selectively Gather Evidence: We may focus on evidence that supports our case while overlooking or dismissing evidence that doesn’t.
- Misinterpret Information: We may interpret ambiguous information in a way that aligns with our preconceived notions.
- Overlook Alternative Explanations: We may fail to consider alternative explanations or perspectives that challenge our beliefs.
In a child custody case, a parent who believes their ex-spouse is unfit may focus on instances where the ex displayed poor parenting skills while ignoring examples of good parenting. They might even believe that the other parent is incapable of good parenting ever.
2. Anchoring Bias: The Power Of First Impressions
Anchoring bias is the tendency to over-rely on the first piece of information we receive, even if it’s irrelevant or inaccurate. This initial information acts as an “anchor” that influences our subsequent judgments and decisions.
In a negotiation, the first offer made often acts as an anchor, influencing how subsequent offers are perceived and evaluated. In other words, the first offer influences how any other offer is received.
3. Halo Effect: Judging A Book By Its Cover
The halo effect is the tendency to form an overall positive impression of someone based on a single positive trait or characteristic. This can lead us to:
- Overlook Negative Qualities: We may be less likely to notice or give weight to negative qualities in someone we perceive positively.
- Attribute Positive Qualities: We may assume someone possesses other positive qualities based on our initial positive impression.
A witness who is well-spoken and presents themselves confidently may be perceived as more credible, even if their testimony is unreliable.
4. Availability Heuristic: The Power Of Vivid Memories
The availability heuristic is the tendency to overestimate the likelihood of events that are easily recalled, often because they are vivid, recent, or emotionally charged.
A juror who recently witnessed a similar crime may be more likely to convict a defendant, even if the evidence in the current case is weak.
Overcoming Cognitive Biases
While it’s impossible to completely eliminate cognitive biases, we can take steps to mitigate their influence:
- Be Aware Of Your Biases: Recognize that everyone has biases and actively try to identify your own.
- Seek Diverse Perspectives: Consider alternative viewpoints and challenge your own assumptions.
- Focus On Objective Evidence: Base your decisions on facts and evidence, rather than gut feelings or personal opinions.
- Take Your Time: Avoid making hasty decisions, especially when emotions are high. Give yourself time to carefully consider all the information and options.
Consult with and listen to the advice of your lawyer: Your lawyer has an outsider’s perspective on your matter. If you are, for example, employing a confirmation bias to your case, your lawyer will still gather evidence that presents the whole picture. Their job is to present balanced information, point out flaws in logic and help you make the best decision for yourself.