Tag Archives: Negotiation

Looking Back at 2019

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Looking back at 2019 we covered a lot of ground. From posts on your career and well-being to eCourt, court procedures, finances, security, technology, and more. Here’s the recap:

Career

eCourt and Court Procedures

Finances

Security

Technology

Well-Being

Workflow and Office Systems

Odds & Ends

Happy (almost) New Year’s Eve and Happy New Year!

All Rights Reserved 2019 Beverly Michaelis

The Year in Review

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Our “year in review” actually began two weeks ago when we focused on lawyer well-being. A worthy topic indeed! As I said then: everyone needs a pressure relief valve. Maybe yours is learning how to say no, deploying strategies to take back your schedule, or finding time to get away from the office for a while. 

Today I present a more traditional “year in review” list touching on eCourt, eService, finances, technology, workflow, and more. Happy new year’s eve and happy new year!

eCourt and eService

Finances

Technology, Data Security, and Workflow

Odds & Ends

All Rights Reserved 2018 Beverly Michaelis

Are You an Effective Negotiator?

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In law, negotiations between parties can end in a win-win for both sides or they can break down and leave your client further from their objective. It’s a delicate dance that requires a clear understanding or your client’s needs and desires as well as those of the opposing party.

A recent NW Sidebar posts highlights these tips for negotiating effectively:

  • Adopt a negotiator’s mindset
  • Prepare yourself mentally
  • Stay focused on your client’s goals
  • Practice total awareness
  • Be honest
  • Know when to stop
  • Confirm agreements

Read the full post here.

Before the Beginning

You can’t focus on your client’s goals if you don’t know what they are. Negotiation is a serious subject. If possible, meet with your client in person. Be open to what the client has to say, but be prepared to curb his expectations.

  • If there are boundaries you feel you can’t cross, speak up.
  • Identify and verify lienholders and others who may have third-party rights to settlement proceeds.
  • Compile your costs to date (and likely future costs).
  • Use this information to discuss the difference between gross and net settlement values. Give concrete examples.
  • Allow the client time to think even if it appears you’ve come to a mutual understanding about how to proceed.

During Negotiation

During negotiation, keep the client informed. Technically, it may not be necessary so long as you are operating within your settlement authority.  However, keeping the client involved will give her a better picture of the overall process.

Remember: the ultimate decision to settle is the client’s, not yours.

After Negotiation

Don’t stop at confirming agreements with opposing counsel. Confirm the client’s consent to settle in writing! Let the client know the likely ETA of the settlement proceeds and what the disbursement process will involve (for example, waiting for a check to clear). Provide a written settlement accounting. A sample settlement accounting and checklist is available on the PLF website. Select Practice Management > Forms > Litigation.

All Rights Reserved Beverly Michaelis 2018

 

Learning the Ropes 2013

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Are you new to private practice? Then I have just the ticket for you!

Attend our three day conference – Learning the Ropes: A Practical Skills & Ethics Workshop – for a mere $65.  Attendance at the full program satisfies the MCLE requirements for new admittees’ first reporting period.

Choose from these concurrent sessions:

  • Domestic Relations or Criminal Law
  • Tort Litigation or Estate Planning
  • Civil Motion Practice or Bankruptcy
  • Creating a Firm or Joining a Firm

Can’t decide?  All tracks are recorded for later viewing at no charge.

Plenary sessions include:

  • How to Develop a Successful Practice and Avoid Legal Malpractice
  • Client Communication and Other Practice Management Survival Tips
  • Alternative Dispute Resolution
  • The Ethics of Practice Management
  • Recognizing Child Abuse and Fulfilling Your Duty to Report
  • Negotiation Tips, Tricks, Traps, and Tools
  • Courtroom Do’s and Don’ts
  • Employment Law and Conscientious Communication
  • Bridging the Cultural Gap

Day 1 includes a “Meet the Judges” luncheon.  Day 2 features a networking luncheon with bar leaders and respected practitioners in the fields of Appeals, Criminal Law, Employment Law, Intellectual Property, Business Litigation, Debtor/Creditor Law, Estate Planning, Litigation, Business Transactions, Elder Law, Family Law, and Real Estate.

All meals, including the luncheons, are included in your $65 workshop fee.  The program is at the Oregon Convention Center November 6-8, 2013.  Register here or visit the PLF Web site > Upcoming Seminars (under the heading Loss Prevention – CLE).  Sign up early.  Space is limited!

Copyright 2013 Beverly Michaelis