Final Exam

Question 1

6 Steps of Diagnosis, Prediction, and Strategy

Answer 1

Recognizing Preparation Generates Every Lawyer’s Triumphs
Recognize and define the problem
Prepare: gather law and facts
Generate options
Evaluate the options
Let the client decide
Time to act

Question 2

Convergent thinking

Answer 2

Narrow down to one idea, option, strategy

Question 3

Divergent thinking

Answer 3

Broadening your ideas, options, and strategies

Question 4

What 3 things should you listen to?

Answer 4

Words, tone, body language

Question 5

What 3 things should you be listening for and separating when interviewing a client?

Answer 5

Facts, feelings, values

Question 6

What are the 7 key interests?

Answer 6

Financial
Performance
Psychological
Reputational
Relationship
Liberty
Human needs

Question 7

What should you open any conversation with?

Answer 7

Build rapport and explain confidentiality

Question 8

Can you misrepresent facts to help your client?

Answer 8

No. Not can you tell them to do so.

Question 9

What is the difference between mediation and arbitration

Answer 9

Only arbitration is binding

Question 10

What are the stages of a client interview

Answer 10

Open (confidentiality +relationship)
Gather info (Open-ended, probing, review)
Identify client goals
Form a strategy
Close with a letter of engagement

Question 11

What are the three stages of information gathering?

Answer 11

Open-ended, probing, review

Question 12

What fee arrangements are there?

Answer 12

Hourly, flat, contingency, retainer

Question 13

Client-centered counseling

Answer 13

The client makes the decisions. The attorney knows how to legally execute those decisions

Question 14

Walk me through the dispute timeline

Answer 14

Naming a problem: Perceived injurious event
Blaming a person
Claiming a right
Dispute
Lawyer up
File suit
Trial and appeal

Question 15

In negotiation, what do rights represent

Answer 15

Legitimacy

Question 16

Where do you find client rights for negotiation

Answer 16

Statutes, case law, contracts

Question 17

What are the 6 kinds of power in negotiation?

Answer 17

Economic: What resources does a party have to coerce
Social: can pressure from a group or community be exerted
Psychological: Do you have something the other side REALLY wants or fears
Political: Influence over law and politics
Expertise
Moral: Is the other side ding something morally unappealing?

Question 18

What is authority?

Answer 18

What you’re allowed to give up in a negotiation

Question 19

BATNA

Answer 19

Best alternative to negotiated agreement

Question 20

Bottom line

Answer 20

When you have to walk away from a negotiation

Question 21

Problem-solving negotiation approach

Answer 21

Integrate the resources of both sides

Question 22

Adversarial approach

Answer 22

Zero-sum game. If they win, I lose

Question 23

5 steps of mediation

Answer 23

Agree to mediate
Understand the problems and underlying interests
Generate options
Reach agreement
Implement agreement

Question 24

Facilitative mediation

Answer 24

Mediator doesn’t insert judgment. Just facilitates communication in negotiation

Question 25

Evaluative mediation

Answer 25

Mediator inserts judgment and evaluates cases to further negotiations