Probably like many readers of this blog, I have been so busy with many things at work that I rarely have taken the time to study something in depth unless it was necessary for some work project. For many of us, the last time we really did so was when we were in school as … Continue reading A Wonderful Opportunity to Learn More About Negotiation
This seems like an appropriate time to review that best-selling negotiation guide written in the 1980s. I refer, of course, to The Art of the Deal by Donald J. Trump. (What – you were expecting Getting to Yes?) The leading presidential candidates from both major political parties have a lot of professional negotiation experience and … Continue reading Review of Best-Selling Negotiation Text
In an earlier episode, we established that there is widespread confusion about what the heck is the difference between a BATNA and MLATNA. I created this table for my negotiation class illustrating the relationships between WATNA, MLATNA, BATNA, bottom lines, and ZOPA. It is based on a simulation of a simple personal injury case. Hopefully … Continue reading Clarifying BATNA, MLATNA, WATNA, ZOPA and More
The 2007 Carnegie Report recommended that law schools promote an apprenticeship of professional identity as well as of knowledge and skills. This has always been a concern of mine because lawyers need a professional compass to help guide them through the vast range of types of legal matters, clients, services (e.g., litigation or transactional), among … Continue reading Easy Assignment to Promote Law Students’ Apprenticeship of Identity
Alert readers of this blog will recall that amendments of the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015, including a new requirement that discovery be “proportional to the needs of the case.” The Institute for the Advancement of the American Legal System (IAALS) thinks that’s a good thing. Critics, like … Continue reading Is Proportionality of Discovery Good or Bad?
Newly elected Speaker of the House of Representatives Paul Ryan invited Minority Leader Nancy Pelosi to dinner the other night. “A Ryan aide said the two lawmakers talked shop for a short time and spent most of the evening getting to know each other.” This is consistent with my suggestion that counterpart lawyers have lunch … Continue reading Getting to Know You
Here’s an account of the negotiations leading up to the international climate change agreement. Apparently, there was an accidental change of the word “should” to “shall” in one passage, which almost sunk the deal. A lesson to law students and lawyers everywhere. The story of this extremely complex negotiation really is fascinating, especially following the … Continue reading One Word
This is the next installment in my too-many-part series, Everything You Know About Dispute Resolution is Wrong. Today’s episode was prompted by Michael’s post about an article in the Chronicle of Higher Education in which the author describes her strategy of improving her BATNA to escape a crappy job as a non-tenure-track instructor. Michael suggested … Continue reading BATNA, MLATNA – No Big Difference, Right?
Tis the season of the US News tournament, when our mailboxes fill with literature touting the achievements of law schools far and wide. Most of us think that this “game” is seriously flawed and wish our schools didn’t have play the game, but we generally feel compelled to do so because of the significant consequences. … Continue reading Missouri Scholarship Booklet
Recently, I was asked to write a post for a state bar association blog with highlights from my article, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Then I thought, heck, I should post it here too. Understand Your Clients’ Interests. Lawyers often assume that they know what their clients want–to get … Continue reading Tips for Lawyers Who Want to Get Good Results for Clients and Make Money
