How to Be Your Own Lawyer: Difference between revisions

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*https://archive.org/details/representyoursel0000berg_a8c0/page/4/mode/2up?view=theater
*https://archive.org/details/representyoursel0000berg_a8c0/page/4/mode/2up?view=theater
=Notes=
=Notes=
*{{check}}[[Principled Negotiation]]- Getting to Yes - Archive - [https://archive.org/details/getting-to-yes-negotiating-agreement-without-giving-in-roger-fisher-qwerty-80/page/n5/mode/2up?view=theater]
**Positional negotiation is the standard. Arguing over positions produces unwise agreements.
**Principled -'''People''': Separate the people from the problem. '''Interests''': Focus on interests, not positions. '''Options''': Generate a variety of possibilities before deciding what to do. '''Criteria''': Insist that the result be based on some objective standard.
***Mutual gain. Grow pie. Shared interests. Make decisions easy. Look behind their position: understand it, seek principles behind it, improve it.
***What do THEY want? If it is not fair, what is acceptable, and if not fair or acceptable, do you continue or give in? Leave options open.
***Need to cope with differences. There are differences.
**Substantive vs relationship issues. Substantive Issues ¢ Terms
* Conditions
* Prices
¢ Dates
¢ Numbers
* Liabilities
Relationship Issues
* Balance of emotion and reason
* Ease of communication
* Degree of trust and reliability
¢ Attitude of acceptance (or rejection)
* Relative emphasis on persuasion (or coercion) * Degree of mutual understanding
*THe Client'g Guide to Mediation and Arbitration - Archive - [https://archive.org/details/clientsguidetome0000silv/page/n11/mode/2up]
*reconcile->determine who is right->determine who is more powerful
*''dispute system design'' is a thing
*B - Dispute Resolution: Negotiation, Mediation, and Other Processes - [https://archive.org/details/disputeresolutio0000gold_x8v3] Archive. Various hybrids exist:
**Mediation - controls outcome. If have strong evidence, then adversary may buy it. B. {{check}}[[Mediate, Don't Litigate]]
**Med-arb combo, controls negotiation but judge solves impasse
**Rent-a-judge (private judging)
**Ombudsman (mediator-investigator)
**Minitrial - court evidence + mediation
**Neutral expert
**Early neutral investigator
**summary jury trial
[[File:resolution.png]]
*Article - Alternative Dispute Resolution: Panacea or Anathema?
*B - [[Settle It Out of Court]]. About creating windows for collaboration. [https://archive.org/details/settleitoutofcou0000crow/page/n9/mode/2up].
*Alt to trial:
*Alt to trial:
**Court Hearing
**Court Hearing
**Arbitration
**Arbitration - splits costs
**Binding arbitration - only if precontracted to it
**Mediation
**Mediation
*Is it county, district, or circuit court?
*Is it county, district, or circuit court?

Latest revision as of 22:19, 16 June 2024

Book

Notes

  • Check.pngPrincipled Negotiation- Getting to Yes - Archive - [1]
    • Positional negotiation is the standard. Arguing over positions produces unwise agreements.
    • Principled -People: Separate the people from the problem. Interests: Focus on interests, not positions. Options: Generate a variety of possibilities before deciding what to do. Criteria: Insist that the result be based on some objective standard.
      • Mutual gain. Grow pie. Shared interests. Make decisions easy. Look behind their position: understand it, seek principles behind it, improve it.
      • What do THEY want? If it is not fair, what is acceptable, and if not fair or acceptable, do you continue or give in? Leave options open.
      • Need to cope with differences. There are differences.
    • Substantive vs relationship issues. Substantive Issues ¢ Terms
  • Conditions
  • Prices

¢ Dates

¢ Numbers

  • Liabilities

Relationship Issues

  • Balance of emotion and reason
  • Ease of communication
  • Degree of trust and reliability

¢ Attitude of acceptance (or rejection)

  • Relative emphasis on persuasion (or coercion) * Degree of mutual understanding
  • THe Client'g Guide to Mediation and Arbitration - Archive - [2]
  • reconcile->determine who is right->determine who is more powerful
  • dispute system design is a thing
  • B - Dispute Resolution: Negotiation, Mediation, and Other Processes - [3] Archive. Various hybrids exist:
    • Mediation - controls outcome. If have strong evidence, then adversary may buy it. B. Check.pngMediate, Don't Litigate
    • Med-arb combo, controls negotiation but judge solves impasse
    • Rent-a-judge (private judging)
    • Ombudsman (mediator-investigator)
    • Minitrial - court evidence + mediation
    • Neutral expert
    • Early neutral investigator
    • summary jury trial

Resolution.png

  • Article - Alternative Dispute Resolution: Panacea or Anathema?
  • B - Settle It Out of Court. About creating windows for collaboration. [4].
  • Alt to trial:
    • Court Hearing
    • Arbitration - splits costs
    • Binding arbitration - only if precontracted to it
    • Mediation
  • Is it county, district, or circuit court?
  • Our court's Local Rules - are these documented or do we go by state Rules of Court
  • Your state's Rules of Evidence, Evidence Code, Rules of Civil Procedure
  • Legal Aid of Western Missouri - [5]
  • Time in pretrial procedure is extensive
  • American Bar Assoc Unbundling Resource Center
  • Missouri Unbundling Rules
  • Missouri incubators for startup lawyers at lower fees - [UMKC Solo and Small Firm Incubator

University of Missouri-Kansas City School of Law 4743 Troost Ave. Kansas City, Missouri 64110

Malika S. Simmons Assistant Clinical Professor 816.235.6139 simmonsmal@umkc.edu]

  • Check.pngBook - The Lawsuit Survival Guide.
  • Check.pngBook - Unbundling Legal Services
  • Limited Scope Services or Unbundled representation. Becomes a legal coach.
  • Legal Services Corporation is working on closing the legal gap
  • About 30% of cases self-represent
  • 6 Judge no likey pro se or pro per
  • 5 What makes people and information credible?
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