Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Formalizing Legal Reputation Markets, Jamison M. Davies
Formalizing Legal Reputation Markets, Jamison M. Davies
Jamison M. Davies
Prior research indicates that having a reputation for cooperative problem solving in a negotiation (an "integrative" approach) leads to better substantive outcomes for both negotiating parties. This paper models a market for negotiation reputations and proposes some market-oriented solutions that would create incentives for attorneys to cultivate better negotiation reputations and thus produce better outcomes for clients.
Getting Good Results For Clients By Building Good Working Relationships With "Opposing Counsel", John Lande
Getting Good Results For Clients By Building Good Working Relationships With "Opposing Counsel", John Lande
John Lande
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …