A REPRESENTATION MODEL FOR DISPOSITIONAL FAIRNESS

Preface
 In the mid-seventies, social scientists began using their skills to help lawyers with jury selections.  In 1976, the Team Defense Project, Inc. was started. This group, of which the author was one of the founders, was the first organizations of lawyers to associate a social psychologist as a major and integral part of the organization and litigation team. Admittedly, the focused use of the psychologist was very narrow in the beginning years of Team Defense, but this changed. As it became more difficult to win death penalty cases with jury trials and as the integration of the skills of a psychologist became more comfortable to the lawyers, a metamorphosis began, where the function of the lawyers became more real-world related and the function of the psychologist became more legally oriented.
 Through several skilled pioneers in jury consultation work, the concepts of a litigation team became common place. The assistance of a jury consultant is now considered a near necessity in major litigation. Sadly, there has been little advancement in the understanding of the global aspect of representation nor has there been an increased understanding of the many arenas in which to resolve disputes.  
 There is a distinction between a litigation team and a representation team. When we advance to understand the full meaning of "representation," the skills we use will also advance. Only recently, have we begun to understand the distinction and advantage of a litigation team as opposed to a trial team. In recent years, the concept of a litigation team has been greatly expanded and the team now includes appellate and scientific experts as integral parts. Soon, we will see representation teams that have an even greater diversity of specialists.

     

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