On several occasions we've written about how successful plaintiff lawyers exploit hindsight bias and turn the so-called forseeability defense back on unsuspecting defendants. Why are emergent phenomena impossible to predict yet obvious in retrospect? Take it away, Captain Hindsight
Now I must explain the Subtle Approach. There are three occasions on which we cannot use the Direct Opening, and these we must consider carefully: (1) when our cause is discreditable, that is, when the subject itself alienates the hearer from us; (2) when the hearer has apparently been won over by the previous speakers of the opposition; (3) or when the hearer has become wearied by listening to the previous speakers.
- Cicero "Ad Herennium"
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