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October CLE “The Cognitive Bias Blind Spot in Litigation”
October 8, 2025
Presented by Beth Mohr CFE, CFCS, CAMS, CCCI, MPA, PI
“The Cognitive Bias Blind Spot in Litigation”
Cognitive biases are the unconscious and unintentional errors in judgment that occur on the part of all humans every day – including in litigation. Cognitive bias on the part of witnesses, attorneys, judges and juries, complicate litigated cases and leave attorneys with conflicts between witness testimony and documentary evidence. Understanding cognitive bias is the first step to mitigating it during litigation. By its very definition, cognitive bias is unconscious—it is a human blind spot. This session will cover the different types of bias cognitive bias and how they send parties and attorneys in the wrong direction, potentially resulting in increased litigation and costly lawsuits. This session will also introduce simple strategies to combat cognitive bias and minimize the effects of this aspect of human nature on litigation.
Cognitive biases are the unconscious and unintentional errors in judgment that occur on the part of all humans every day – including in litigation. Cognitive bias on the part of witnesses, attorneys, judges and juries, complicate litigated cases and leave attorneys with conflicts between witness testimony and documentary evidence. Understanding cognitive bias is the first step to mitigating it during litigation. By its very definition, cognitive bias is unconscious—it is a human blind spot. This session will cover the different types of bias cognitive bias and how they send parties and attorneys in the wrong direction, potentially resulting in increased litigation and costly lawsuits. This session will also introduce simple strategies to combat cognitive bias and minimize the effects of this aspect of human nature on litigation.
New Mexico Defense Lawyers Association
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