Are You an Effective Negotiator?

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

 

The Best of TECHSHOW – Tablet and Smartphone Apps

This is another post from my “best of” ABA TECHSHOW series.  Today  – supercool apps for tablets and smartphones.

Build a Visual Timeline

BeeDocs  – This app turns a dull timeline into an engaging 3D/multimedia presentation.  Chart dates, times, amounts, distances, prices, quantities – just about anything – in a visually appealing format to help clients (or jurors) better understand historical events.  Publish to the Web, create presentations, or add a visual timeline to a PDF.

Settlement Apps

Picture It Settled – Helps parties evaluate cases with probabilistic scenarios.  Draws on historically successful negotiating rounds to help users plot successful negotiation moves.  Uses the Settlement Prophet™ application to project when the parties are likely to settle and the amount of the settlement.

Scanning on the Go

Genius Scan, Scanner Pro, Text Grabber – Scan, crop, straighten, organize, and share images or documents quickly and easily by e-mail or through cloud services like Dropbox and Evernote.

158_iPhone_img3World Card – Capture business cards and sort them automatically by name, company, position, address, phone number, e-mail address and other fields.  Exports to address book – no more entering information manually.

Office Suite Productivity

OfficeSuite Pro 7 (Android only) and QuickOfficePro (Android and iOS) – Word, Excel, PowerPoint, and PDF for mobile users.

CloudOn – The full power of applications like Microsoft Office®, the convenience of cloud storage and more—all in your very own workspace in the cloud. Best mobile app for redlining/tracked changes.

iPadObjectTimekeeping

iTimeKeep – Enter time from anywhere, securely access matters back at the office, apply billing codes to time entries, run spell check.  Free trial version available from the App store.

Presentation Apps

Haiku Deck and SlideShark – Solid choices for presentation apps. Haiku Deck impresses with amazing images.  SlideShark is ideal for conversion of PowerPoint slides created on your desktop.

PDF and File Management Appsgr-icon-96

PDF Expert – Simple PDF conversion and markup. Integrates with Dropbox.  Easy to use signature feature, compatible with fillable forms.  Goodreader – The “Swiss Army Knife” of PDF readers with the ability to replicate desktop file management and structures.

Notetaking on the Fly

OneNote Mobile (free for up to 500 notes), Notability (syncs with Dropbox), Penultimate (syncs with Evernote), and Noteshelf (file notes into different books, download templates and themes including planners, grid paper, stationery, and more.)

Security Apps

1PasswordPro – 1Password will securely store your important information and automatically log you in to Web sites with a single tap.  No need to remember your username, password, or even the Web site address.

Lookout – Virus protection, backup, and location of your missing device.

Thanks to

Tom Mighell, James Province, Jeffrey Taylor, Ben Schorr, Dan Pinnington, and
Mark I. Unger for all the great apps!

All Rights Reserved – Beverly Michaelis – 2013