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Full-Text Articles in Law
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
John Lande
The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in …
Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz
Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz
Nancy Schultz
To what degree does legal authority dictate the outcomes of negotiations? Scholars have discussed the issue, and law students argue about it in their negotiation classes. A survey of practicing lawyers reveals that knowing the law is an important part of the preparation for negotiation, but that legal authority is not the primary determinant of negotiated outcomes in practice. Financial constraints, bargaining power, and negotiating skill are all reported as having a greater effect on negotiated outcomes than the law.
Developing Professional Skills: Business Associations, Michelle Harner
Developing Professional Skills: Business Associations, Michelle Harner
Michelle M. Harner
Incorporating skills training into a traditional Business Associations course is challenging. This creative and original book provides ten independent exercises designed to develop student skills in legal drafting, client interviewing and counseling, negotiation, and advocacy. Each exercise is based on fundamental legal rules and doctrines so that the book can be used on its own or as a supplemental text with any doctrinal casebook. Students are required to spend a manageable one to two hours on such tasks as outlining discussion points for major meetings and negotiations, drafting advisory letters to clients, crafting a demand letter to a board of …