You Need To Know That Your Expert Trial Lawyer is a Negotiator Expert, Too.
YOUR HUNT FOR YOUR SETTLEMENT EXPERT
Want a savvy negotiator to resolve your dispute? Look for a trial attorney who is expert at pressing the strengths of your case and capitalizing on your opponent’s weakness, but do not stop there. Not all trial lawyers are first-rate bargainers. It is a distinct skill set, not the same as trial law. Expert trial lawyer yes; but more than that. Look for a battle-scarred veteran who has made striking plea deals, in criminal cases, a meaningful part of her career. There’s your “ready when you are” negotiator expert.
YOU THINK YOU ARE HEADED FOR TRIAL
It's typical that lawyers and litigants in federal and state courts simultaneously pursue complimentary paths; litigate to narrow the fight and learn your opponent’s case, and negotiate an achievable settlement when it makes sense to do it. Every client wants an attorney who will try their case and win it. Clients ask attorneys about our trial experience all the time. All of us are prepared with our, "this many, in these places", standard resume answers.
ALMOST ALWAYS, YOU ARE HEADED FOR SETTLEMENT
But what about settlements? Almost all cases settle, but cases don't settle by inertia. There's intention in settlement; and guile. Isn’t “are you a good settlement negotiator” the first or second question any attorney should be prepared to answer?
IF YOU ANTICIPATE YOU ARE HEADED FOR SETTLEMENT YOU ASK DIFFERENT QUESTIONS
In nearly four decades of national law practice, no client has ever asked me if I am an expert at settling cases. That "nobody asks about negotiation talent" fact, is bewildering to me.
I've learned many lessons from client discussions, but we can't talk about what we don't know that we-don't-know. In this, "do I really need an expert settlement negotiator" procrastination, it's the omission of any discussion about the impact of negotiation savvy: the unknown unknown: that's my teacher. It is long past time to start teaching clients they need to ask the “do I really need an expert settlement negotiator” question.
EXPERT SETTLEMENT NEGOTIATORS LEARN BY DOING, AND IT’S THE HARDEST BARGAINING THAT MAKES EXPERTS.
What makes a settlement negotiator good at their job? Practice; lots and lots of it. If you have seen one settlement, you have seen one settlement.
If all settlement negotiations are different, and practice is the difference maker at being good at negotiation, what negotiations really hone a negotiator’s savvy? Criminal plea bargains.
Wait, what?
Prosecutors have search warrants, grand jury testimony, wiretaps, surveillance video, forensic evidence, expert witnesses, and experienced police witnesses. Even reluctant crime victims are compelled to testify. Into that fray steps the criminal defense lawyer; alone. It is her professional responsibility to achieve the best outcome.
Isn't the worst outcome inevitable? After all, the prosecution is practically at her goal line. The clock ticks. Her client is handcuffed. And so, the negotiations begin. Pressing strength and probing weakness is everyday stuff, and not enough. Plea negotiation is different. It's versatile, improvisational negotiation, in enemy territory, against a deadline. It's a law-and-science-backed art. The best at it, and I have seen many, are virtuosos at turning the brutal tide.
YOU WILL BE PART OF SETTLEMENT NEGOTIATIONS BEFORE TRIAL
Fact: ninety-six of every hundred federal cases and ninety-five of every hundred state cases settle. When people always do something, it is safe to say their decision is deliberate. You will negotiate a settlement before trial. You really want your expert lawyer to have also made a career of striking plea deals in criminal cases.
3Chairs CAN HELP YOU
Every year, tens and tens of millions of us start our fights in court and ninety-five out of one hundred of us, voluntarily take the mutually agreeable settlement off ramp, long before our trial lawyer picks our jury. Mediation works, and almost all of us choose it.
We look forward to answering your questions and helping you with your full or half-day mediation. Contact us:
3Chairs Mediation Group, Inc.
(855) 3Chairs | (855) 324-2477