Skilled negotiators focus more on questioning than on answering. Sharpen your negotiation skills with this review of effective questioning techniques and sample helpful questions.
Negotiation skills are one of those things that lawyers tend to think they have innately. But actually, negotiations skills are learned and honed over time and practice. As you engage in your next settlement negotiation, use this checklist to be sure you don’t miss an opportunity.
Conducting settlement discussions without an agenda is like driving to an unfamiliar destination without a map: It’s possible, but not very efficient. If time and professionalism are valuable to you, conduct your negotiations with an agenda.
The following is a guest blog post by Helen Leah Conroy of Piedmont Law Partners. Ms. Conroy negotiates and drafts complex agreements for companies that provide internet-based services. She specializes in in-bound and out-bound service agreements, with extensive expertise in global outsourcing deals. Most people, including many lawyers, simply don’t like to negotiate. This often […]
If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side to the fact that you’re being evasive.
One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of view in a way that also fosters an atmosphere conducive to settlement.
Settlement negotiations rarely proceed in a smooth forward motion; in fact, most feel more like a ride in a bumper car with a jerky stop and start motion. A good negotiator learns to move past the inevitable impasses.
Updated January 4, 2013: The American Taxpayer Relief Act of 2012 restores the original 3 percent phaseout of itemized deductions for income above $300,000 for married taxpayers filing jointly and $250,000 for single taxpayers. The Act also restores the 39.6 percent top rate for income above $450,000 for married taxpayers filing jointly and $400,000 for […]
Negotiations rarely proceed as smoothly or swiftly as we first envision. This is partially because settling a case requires finding a result that satisfies both parties, yet litigators are trained to be zealous advocates for their clients and their clients alone. Instead of thinking how much you can get for your client relative to how […]
The “legal ethics of negotiation” can be a difficult topic. Certain issues are plain enough: An attorney cannot knowingly commit, counsel, or assist fraudulent conduct. The tougher issue is defining what counts as fraud.