Medical Malpractice Law Firms Atlanta
Lawyers Negotiate Settlements - When litigating a case in Atlanta, lawyers should be prepared to negotiate for a settlement if the potential outcome of the case is in dispute. These settlements may be based on the pre-negotiation stage of a case. During this stage, attorneys will discuss how to maximize their client's benefits by presenting evidence that increases the chances of a favorable outcome. Pre-negotiation involves the discovery of conflicting information between the parties to the dispute. A good pre-negotiation process encourages both sides to focus on achieving a common goal. In this sense, lawyers can utilize Cialdini tactics during settlement negotiations. One tactic is to ask whether opposing parties are "ready to live without conflict." During pre-negotiation, attorneys encourage both sides to discuss their authority and the authority of each party's attorney. The opponent must be aware of the power and authority of their attorney, as this affects the final settlement. By discussing these issues in advance, the two parties can work together to reach a settlement that will be most beneficial for all. While this process can be a bit time-consuming, it will be well worth it in the long run.
In the standard model of client counseling, the lawyer and client meet and establish authority. At the meeting, they determine what offers and demands they wish to obtain. Although pre-negotiation counseling and authority counseling share many of the same principles, they are distinct. Boston College Law School's Civil Clinic uses the alternative model for the majority of its practice, and the distinction has become an accepted part of the curriculum and faculty. A common mistake made by lawyers during settlement negotiations is to frame valuations and expectations in a way that avoids confrontation. By doing so, attorneys often lose focus on the negotiations and let their opponents take strong positions. It's better to move the conversation to solutions rather than blame. As the opposite party perceives that you're not serious about the negotiations, they might begin reassessing the value of the settlement.