Pretrial Litigation in a Nutshell
Author:
Dessem, R. Lawrence
Edition:
7th
Copyright Date:
2020
5 chapters
have results for negotiation
Chapter Fourteen. Negotiation and Settlement 50 results (showing 5 best matches)
- Any discussion of negotiation tactics must be prefaced with the admonition to separate negotiation style and tactics from negotiation substance. Attorneys can take a very aggressive or competitive substantive position in a negotiation and yet be extremely pleasant and cooperative. Conversely, quite obnoxious attorneys may not obtain particularly good substantive negotiation results.
- Whatever negotiation tactics are employed, the negotiation should be carefully planned. Counsel must plan not only her opening offer and bottom-line position, but the intermediate concessions she is willing to make to achieve a negotiated settlement equal to or better than her bottom-line position. Real negotiations rarely go exactly as planned, and attorneys must be flexible in the actual negotiation process. However, advance planning will help counsel maximize negotiation success.
- During legal negotiation, counsel should try to learn the opposing party’s real bargaining range and simultaneously convey to opposing counsel the strength of her own client’s negotiation position. By so doing, counsel’s aim should be to move the bargaining range of opposing counsel closer to her own client’s bargaining range. Numerous negotiation tactics and techniques for achieving this goal have been advocated by and for legal negotiators.
- As with pretrial and trial advocacy generally, most attorneys have difficulty assuming a negotiation style at odds with their basic character. Attorneys should be aware of their lawyering style, though, because this knowledge may help counsel deal more effectively with others. Negotiation style may change over the course of a negotiation or vary from issue to issue within the negotiation. In addition, an attorney’s negotiation style may vary depending upon the style adopted by opposing counsel. An attorney who is cooperative at the beginning of a negotiation may become quite competitive if she
- As in other aspects of life, negotiation success sometimes depends more on perception than reality. Even though your client is desperate to settle a case, this fact will not hurt that client in legal negotiations unless opposing counsel perceives this negotiation weakness. Successful negotiators therefore carefully consider the information that they provide to opposing counsel and attempt to garner as much information as possible from opposing counsel during the negotiation.
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Outline 4 results
Index 6 results (showing 5 best matches)
Chapter Four. The Complaint 1 result
- Alternative dispute resolution techniques such as the use of private judges, arbitration, mediation, and negotiation have been employed successfully to resolve many disputes short of litigation. ADR techniques also have been used as an adjunct to formal adjudication to resolve claims that have been filed in the courts. Among the techniques that have been used by the courts are mini-trials and summary jury trials (in which greatly abbreviated case presentations are made to either a judge or jury and the resulting advisory verdict is used as a basis for settlement discussions), court-annexed arbitration and mediation, and court-facilitated settlement.
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Chapter One. Introduction 2 results
- The book progresses in the same chronological fashion as does most civil litigation. The next four chapters deal with client interviewing and the establishment of the attorney-client relationship, pretrial planning and investigation, and the pleadings. Chapters 6 through 10 concern disclosure and discovery. The final chapters of the book address pretrial motions, pretrial conferences and orders, and negotiation and settlement. While most civil litigation progresses in this fashion, this is not always the case. Pretrial investigation can continue throughout the course of the lawsuit, up to, and through, trial. Pretrial motions and conferences can
- The fact that more than 99% of federal civil cases are resolved short of trial has important implications for the lawyers handling those cases. One study has found that, while the attorneys studied devoted 16.0% of their time to client conferences, 16.7% of their time to discovery, and 15.1% of their time to settlement negotiations, they only spent 9.5% of their time on trials, hearings, appeals, and enforcement of judgments.
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- Publication Date: December 20th, 2019
- ISBN: 9781684677443
- Subject: Trial Practice
- Series: Nutshells
- Type: Overviews
- Description: The seventh edition of Pretrial Litigation in a Nutshell addresses both the law governing pretrial litigation and the legal skills required for successful practice in this area. The text is fully updated to incorporate all amendments to the Federal Rule of Civil Procedure through December 1, 2019, as well as recent federal statutes and judicial decisions. Although the text’s focus is on federal statutes and rules, the pretrial litigation skills discussed are essential to successful pretrial litigation in both state and federal courts. The text coverage proceeds in the same order as does most pretrial litigation, starting with client interviewing and the establishment of the attorney-client relationship, then considering pretrial planning and investigation, the complaint and responses to the complaint, disclosure and discovery, pretrial motion practice (including summary judgment motions), pretrial conferences and orders, and settlement.
