Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better

This Article summarizes the views of respected lawyers about how they negotiate, which were collected as described in Part II. Part III recommends that lawyers develop a strategic approach to negotiation, including general negotiation goals and plans to negotiate at the earliest appropriate time. Part IV outlines recommendations for lawyers to take charge of their cases from the outset, including getting a clear understanding of clients' interests, developing good relationships with counterpart lawyers, carefully investigating the cases, making strategic decisions about timing, and enlisting mediators and courts when needed. Part V provides two general suggestions for improving the quality of agreements, including developing good relationships with counterparts and looking for opportunities to create value by trading on differences between the parties.

Part VI is the conclusion, arguing that clients and society would benefit if lawyers improve the quality of their negotiations. The conclusion recommends that law schools, law firms, bar associations, courts, publications for lawyers, continuing education programs, and clients encourage lawyers to provide efficient, cooperative, and reasonable litigotiation services.