Plan Continuation Bias is a cognitive bias, a psychological phenomenon that impacts our decision-making process.
It is the inherent tendency to continue with an initial plan or strategy, even in the face of new information or changing circumstances that suggest the plan may no longer be the best course of action.
This bias has been observed in numerous fields, from aviation and healthcare to finance and law, and it can significantly impact the outcomes of our decisions.
In its essence, Plan Continuation Bias is about being overly committed to an initial plan, to the extent that it can lead to ignoring important new information or overlooking better options.
It is fueled by a human preference for consistency and a resistance to change, especially when we have invested time, energy, and resources into a particular plan or strategy.
The origins of Plan Continuation Bias lie in our brain's natural desire for cognitive ease. Our brains favour routines and predictability as they help us navigate the world efficiently.
However, this efficiency can become a liability when the circumstances change, and our brains, favouring the initial plan, may fail to adapt quickly enough.
There are a number of reasons why people might fall victim to plan continuation bias, including:
It can be difficult to admit that we were wrong or that our original plan was not the best one.
We may have already invested a lot of time, effort, or money into the plan, and we don't want to give up on it now.
We may simply be afraid of change or the unknown.
In the context of legal proceedings, Plan Continuation Bias can become particularly problematic.
Lawyers and their clients might become overly committed to an initial legal strategy, finding it difficult to pivot or adapt when new evidence is introduced or when the landscape of the case changes. This can lead to missed opportunities for negotiation, settlement, or other advantageous pathways.
Understanding and recognizing Plan Continuation Bias can help us make better decisions, particularly in complex and dynamic situations such as legal cases. It encourages us to remain flexible, to regularly reassess our strategies, and to remain open to new information and perspectives.
The following template letter, designed for use at the beginning of a legal retainer, outlines the concept of Plan Continuation Bias and suggests ways in which lawyers and clients can work together to mitigate its potential impact on their case.
By being aware of this bias, we can strive to make the most effective decisions, always keeping the client's best interests at the forefront.
Template letter
Dear [Client's Name],
I am writing to you at the onset of your retainer of my law practice, to discuss a common cognitive phenomenon which impacts the decision-making process during the course of legal cases: Plan Continuation Bias.
Plan Continuation Bias is a cognitive bias that has been recognised across multiple disciplines, including psychology and behavioural economics.
It is the tendency for individuals or groups to continue with a set plan or course of action, even when new information or changed circumstances suggest that the original plan is no longer optimal or even viable.
This bias can emerge in any decision-making context, including in legal proceedings.
In the legal arena, Plan Continuation Bias may manifest in various ways. For example, we may become attached to our initial legal strategy and find it challenging to adapt when new evidence arises or circumstances change. In the context of settlement negotiations, we may become entrenched in our initial expectations about what a fair settlement would look like and could overlook potentially beneficial opportunities for compromise.
As we embark on this journey together, it is crucial that we are aware of and actively work to counteract Plan Continuation Bias. Here are a few steps we can take:
Embrace Flexibility: Let's remain open to reconsidering our strategy as the case progresses. While it is important to have a plan, we should not become so attached to it that we overlook better options or fail to adapt to changing circumstances.
Regular Reassessment: Throughout the case, let's make it a point to reassess our strategic decisions at regular intervals. This will ensure that we are not blindly following a preset plan and are incorporating new information as it becomes available.
Open Communication: Always feel free to share your thoughts, concerns, and new information you may come across. Open and honest communication can help us avoid becoming too anchored to our initial expectations.
Objective Analysis: We will make every effort to objectively analyze the strengths and weaknesses of our case, as well as the risks and benefits associated with various strategies. This includes regularly reassessing our position in any settlement negotiations.
Engage in "Devil's Advocacy": Occasionally, we will need to play the "devil's advocate" to challenge our assumptions and explore different perspectives. This can help us avoid falling into the trap of Plan Continuation Bias.
Our shared goal is to ensure the best possible outcome for your case. I believe that by being aware of, and actively working to mitigate, Plan Continuation Bias, we can make more effective decisions that align with this goal. I look forward to our collaboration in this endeavour.
If you have any questions or require further clarification on this or any other aspect of your case, please do not hesitate to let me know.
Best regards,
[Lawyer]