Category: Law Practice Management

By William Marshall

Contract drafting and review are central activities of a transactional attorney. However, rarely if ever does an attorney draft from scratch or have license to make unlimited changes during a review. Instead, the attorney starts with something on the page of varied quality and labors under time pressure to make it express the parties’ intent while nudging it this way and that in the negotiation process. Read More

By Jeffrey Chinn

The musical “Hamilton” has been a phenomenon with unreal demand for tickets and a popular soundtrack. After seeing a performance during its San Diego run, I began to think about lessons that newer attorneys can learn from a person who “got a lot farther by working a lot harder, by being a lot smarter, by being a self starter.”² Read More

By Linda Barkacs and Craig Barkacs

Most people succeed or fail in a negotiation based on how well-prepared they are (or are not!). We adhere to the 80/20 rule – 80% of negotiation is preparation and 20% is the actual negotiation with the other party. The reality is that most people are woefully unprepared when they enter a negotiation. Many business executives describe their negotiations as win-win, only to discover they have left thousands of dollars on the table. Research indicates that fewer than 4% of managers reach win-win outcomes and the incidence of outright lose-lose outcomes is 20%. Even when negotiators are in perfect agreement, they fail to realize it half the time.¹ Read More

By Joshua Bonnici

Can a lawyer effectively represent a client with lower-valued claims? The client is nice, cooperative in fact; the facts, straightforward. But the insurance company’s offer barely equals damages — sometimes far less. How a lawyer proceeds can be difficult. Read More