Tag Archives: Negotiation

Easy Assignment to Promote Law Students’ Apprenticeship of Identity

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 →

Is Proportionality of Discovery Good or Bad?

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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? →

One Word

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 →

BATNA, MLATNA – No Big Difference, Right?

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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? →

Missouri Scholarship Booklet

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 →

Tips for Lawyers Who Want to Get Good Results for Clients and Make Money

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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 →

Request for Comments on My Last Lecture

Several weeks ago, I posted an item about an article with advice for law students (and, to some extent, lawyers):  My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. I would love to get any comments or suggestions about the things that students do to drive you crazy (crazier?) and what they might … Continue reading Request for Comments on My Last Lecture →

Planning is Critically Important for Early Dispute Resolution

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This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below.  There are six additional posts in this conversation.   At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution →