Abstract
Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they can engage meaningfully in procedural decision-making. The advanced framework aims to foster informed choice, enhance client satisfaction, and promote experiences of procedural justice. By reconceptualizing the lawyer’s role in supporting clients’ evaluation of procedural alternatives, the Article makes both practical and theoretical contributions. On the practical front, it offers strategies for educating litigation clients about available procedures and guiding them through the selection process. Theoretically, it underscores the contributions that social science can make to lawyer–client discussions about legal procedures.
Recommended Citation
Donna Shestowsky,
Behind Every Case is a Conversation,
26
Nev. L.J.
391
(2026).
Available at:
https://scholars.law.unlv.edu/nlj/vol26/iss2/3