Anchoring: How It Impacts Jury Verdicts & Negotiations, What Counsel Can Do

Anchoring is a powerful tool used by plaintiff attorneys in civil suits throughout the United States to secure high damage awards for their clients. Anchoring is a strategy used to cause jurors to rely on a specific reference point, or “anchor”, when evaluating damages in a lawsuit. So if one goes into a store to purchase jewelry, an anchor is set when one sees the first price tag. That initial figure regardless of amount, will guide how much you are willing to spend. In litigation an anchor is set the moment one side first mentions a dollar amount. Studies have shown that anchoring not only effects juries but can affect judges too. As defense counsel, it is important to not only recognize when a plaintiff attorney is presenting an anchor, but for defense counsel to also have tools at their disposal to combat its potentially crippling effects in the courtroom. This seminar will review four strategies counsel can use: ignore the anchor, identify the anchor, identify and counter-anchor and lastly attack the anchor. A greater emphasis will be placed on how to best utilize the counter-anchor strategy as that has been proven to be the most effective. The seminar will then analyze cases in which an anchor and counter anchor were used.