Category Archives: Negotiation

What are their interests? Negotiating with North Korea

North Korea recently sentenced two U.S. journalists, Laura Ling and Euna Lee, to 12 years of hard labor for illegally crossing the North Korean border.  By all accounts imprisonment in North Korea, especially in a labor camp, is horrible and potentially life-threatening.  The question now is whether their early release can be negotiated.    This … Continue reading What are their interests? Negotiating with North Korea

Negotiation Ethics and Lying about Your Bottom-Line

I’m furiously working on an article and thought I’d seek some input on my line of reasoning about one’s “bottom-line” in negotiations.  The ABA’s standing ethics committee has two opinions stating that the “bottom line” is a material fact under Rule 4.1, and as a result, you cannot lie about what your bottom line (and … Continue reading Negotiation Ethics and Lying about Your Bottom-Line

It Just Isn’t Fair: Why Defendants Reject “Good” Plea Bargain Deals

Many years ago, when I was a deputy public defender in Los Angeles, I represented a client charged with sales of crack cocaine as a third strike.  This meant he was facing 25 years to life in prison.  My client had no defense and did not deny the charge.  The prosecutor offered to “strike a … Continue reading It Just Isn’t Fair: Why Defendants Reject “Good” Plea Bargain Deals