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Author: Michaela Keet
Publisher:
Published: 2020
Total Pages:
ISBN-13: 9781641055710
DOWNLOAD EBOOK →"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--
Author: Michaela Keet
Publisher:
Published: 2020
Total Pages: 240
ISBN-13: 9781641055703
DOWNLOAD EBOOK →"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--
Author: Michaela Keet
Publisher:
Published: 2018
Total Pages: 26
ISBN-13:
DOWNLOAD EBOOK →Without clear projections about where the path of litigation is most likely to lead, clients can be anchored in unrealistic expectations about the outcome and the costs of getting there. Fundamental to the lawyer's ethical role is the obligation to provide transparent information about legal rights and risks, and fundamental to settlement processes is the presumption of informed decision-making. This paper explores how thorough predictions are often missing in the way that lawyers and clients negotiate. Drawing on a recent study of lawyers and law students, it summarizes a simple framework for litigation risk assessment. Using examples, it then examines how it can be used to support the pursuit of settlement: grounding the negotiator and client with a well-prepared reference point (BATNA) and reducing adversarial posturing. The author seeks to contribute to the development of best practices around the use of risk analysis, and the quest for more responsive and earlier settlement outcomes for clients.
Author: Marjory Aaron
Publisher:
Published: 2019-04
Total Pages:
ISBN-13: 9780982794678
DOWNLOAD EBOOK →Clear step-by-step explanations of decision tree analysis along with guidance on assessing probabilities, tangible and intangible costs, and damage ranges.
Author: Chalk
Publisher: Bloomsbury Professional
Published: 2001-01-01
Total Pages: 492
ISBN-13: 9781845927523
DOWNLOAD EBOOK →This work will ensure that practitioners and insurers have all the information and guidance they need to assess the risk of a case in a practical and effective way and learn to develop strategies to identify and manage risk in litigation. It covers the law and principles of conditional fee agreements as well as considering the insurance and funding aspects.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOK →The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Kevin M. Quinley
Publisher:
Published: 1995
Total Pages: 221
ISBN-13: 9781886813007
DOWNLOAD EBOOK →Author: John Lande
Publisher:
Published: 2022
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOK →Mediators often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. This article provides detailed techniques for addressing these problems based on the book, Litigation Interest and Risk Assessment: Help You Clients Make Good Litigation Decisions.
