Legal professionals from Engelman Berger have authored an article in the February 2026 issue of Arizona Attorney magazine examining how cognitive bias quietly shapes legal advocacy—and how lawyers can take concrete steps to neutralize its influence.
The article, entitled “The Fog of Lawyering: How Cognitive Bias Shapes Legal Advocacy and What Lawyers Can Do to Counter It,” was authored by partners Scott B. Cohen and Michael P. Rolland, along with legal interns Aarna Dharia and Saahithi Sreekantham, and was featured as the issue’s cover story.
Drawing from psychology, behavioral economics, and real-world litigation experience, the piece explores how subtle mental shortcuts can distort judgment in negotiation, litigation strategy, and client counseling. Using a ranch-ownership dispute as a case study, the authors illustrated how emotional attachment and loss aversion can turn solvable financial disagreements into prolonged, costly litigation. The article examines the six common cognitive biases that frequently affect lawyers and decision-makers and offers strategies and practical guidance to identify and mitigate its effect.
Cohen has spent over 30 years providing strategic, results-oriented legal solutions in complex financial, litigation, and restructuring matters for banks, lenders, creditors, and debtors in state and federal courts. Rolland is experienced in real estate disputes, breach of contract issues, ownership disputes, loan workouts, bankruptcies, receiverships, and appeals and serves a diverse clientele, from business owners to lenders.
Dharia, a senior at BASIS Chandler, is a National Merit Semifinalist and Academic All-American. Sreekantham is a sophomore at Rice University, where she serves as Mock Trial team captain and is pursuing a degree in political science and government.
Arizona Attorney magazine is the official publication of the State Bar of Arizona, reaching thousands of legal professionals statewide. The article contributes to the publication’s ongoing focus on improving legal practice through thoughtful analysis of law, ethics, and professional judgment.
Engelman Berger is comprised of experienced lawyers who are well recognized for their expertise and commitment to resolve commercial disputes and assist clients in preventing legal problems through proper planning. The firms’ clients include national and local lenders, borrowers, lessors, tenants, family-owned businesses, developers, franchise owners, municipalities, and investors. Industries served include banking and lending, credit unions, real estate, construction, restaurant, hospitality, medical, retail, wholesale, and agricultural, among others. The firm provides creative and focused representation in all federal and state courts, bankruptcy court, arbitrations, mediations and settlement negotiations.