Refined

Question 1

Client Interviewing - Traditional Model talking points

Answer 1

CULT PITA

Corporate / experienced
Unrealistic expectations
Legal solutions
Top Down

Passive client
Influence
Technical
Authoritarian

Question 2

Client Interviewing - Client-Centered

Answer 2

If Dad’s Reading This I Never Killed Anyone

Interest identification
Decisions made by client
Relationship building
Team-oriented
Informed
Non-legal solutions
Knows situation best
Active-role

Question 3

Negotiation- Adversarial approach

Answer 3

LET PR (handle it)

Limited resource distribution (zero sum)
Entitled to something
Threats & appeals for concession
Positions
Rights & powers

Question 4

Negotiation - Problem-Solving approach talking points

Answer 4

iPenis

Integration of resources
Preserves relationship
Expand resource pool
Non-competitive similarities
Interest focused
Separates people from problem

Question 5

7 Types of Interests

Answer 5

1. Financial
2. Performance of contract
3. Psychological needs
4. Reputational
5. Relational
6. Liberty
7. Basic human needs

Question 6

What leads to credibility?

Answer 6

Specification
Justification
Consequences

Question 7

Pros of Mediation

Answer 7

HLP M RR (Help Me Railroad)

Helps party’s talk
Lowers emotion
Persuade parties
Maintain order
Reality check
Relay interests/offers in a more conducive manner

Question 8

Situations where you would not want to mediate

Answer 8

1. Need judicial decision as a standard for other claims
2. Settling would open up for copycat claims
3. Need court to control adversary’s conduct
4. Discovery/judicial process useful to gather information

Question 9

MRPC Preamble

Answer 9

A lawyer has a special responsibility for justice.

Question 10

MRPC 1.2(a)

Answer 10

A lawyer may only take action as authorized by the client

Question 11

MRPC 3.3

Answer 11

A lawyer shall not knowingly make false statements or representations to the tribunal

Question 12

MRPC 1.4

Answer 12

A Lawyer shall keep the client reasonably informed about the status of the matter.

Question 13

MRPC 4.1

Answer 13

Factual misrepresentation is not permitted during negotiations, however, comment 2 tells us that puffery is.

Question 14

MRPC 17.06

Answer 14

Any communication made during alternative dispute resolution is kept confidential and not admissible as evidence or discoverable.

Question 15

What are interests?

Answer 15

Needs, desires, fears, and concerns… the things that a client cares about or wants that underlie their position.

Question 16

What are rights?

Answer 16

Independent standards that demonstrate the ligitimacy or fairness of their position.

Can be
Legal
Industry/social standards
Contracts

Question 17

What is power?

Answer 17

Ability to coerce someone to do something that they would not otherwise do.

Can be asserted by being aggressive or by withholding benefits.