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Art of Negotiation for Lawyers

NCJ Number
R A Wenke
Date Published
270 pages
This text sets forth general principles of negotiation for lawyers and examines the specific strategies and techniques appropriate to business, criminal, family, and personal injury litigation.
The first section discusses the dynamic and subjective nature of negotiation and the ways in which the lawyer's authority, credibility, demeanor, and tactics can affect that process. The importance of compromise and concessions, adequate preparation, selection of situation-appropriate tactics, and awareness of the opponent's methods are emphasized. The section on business negotiations considers the effects of the client's motivations, goals, and strengths and weaknesses on the negotiation process, as well as their implications for the strategy to be used. The discussion of criminal negotiation (plea bargaining) examines the lawyer's relationship with the client, the victim, the judge, and the prosecutor and the importance of negotiating a plea that will be as acceptable as possible to all parties involved. Issues considered in the section on divorce negotiation include valuation and division of property, alimony, taxes, and allocation of child support and custody responsibilities. Emotional and psychological factors in such cases also are noted. Finally, basic principles of preparation, evaluation, and strategy in personal injury cases (including medical malpractice and product liability) are presented. Section and subject indexes.