How to Be Your Own Lawyer
Book
Notes
Principled 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. 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
- Mediation - controls outcome. If have strong evidence, then adversary may buy it. B.
- 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]
- Book - The Lawsuit Survival Guide.
- Book - 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?
