Legal Writing 3

Question 1

Negotiation

Answer 1

-

Question 2

Assessed as part of

Answer 2

Legal writing

Case and Matter Analysis

Client Interview and Completion of Attendance Note

Question 3

Ethics

Answer 3

Independence

Integrity

Not taking unfair advantage of others.

Must not exceed clients instructions

Question 4

Tactics and objectives

Answer 4

Look behind the clients stance - why have they adopted that position

Look at pressures (e.g. commercial) that are affecting the other side.

Assess relevant importance of the issues.

Question 5

Formulating options

Answer 5

Assess factors which support and undermine case.

BATNA - best alternative to a negotiated agreement.
Attractive alternative strengthen position.

Opening bid - highest justifiable outcome.

Identify highest and lowest position
Settlement zone (where the two overlap).

Negotiation allows thing court does not permit (e.g. future performance).

Question 6

Presenting the case

Answer 6

Clearly structured.

Do not wait to make the first move

Set out clients position.

Explain reason behind proposal

Collaborative tone.

Points to follow -
Purpose of negotiation
Clients position
Benefit for other side
Rationale
Why this is the best approach

Be ready for questions on weakneseses.

Challenge and probe other sides case.

Combination of cooperation and assertiveness.

Bargaining may occur.

Question 7

Closing

Answer 7

Confirm what has been agreed

Prepare an immediate wiremen summary (heads of agreement)

ensure details are clarified

Prepare a list of actions to be taken.

Question 8

Legal writing

Answer 8

-

Question 9

Structure (letters)

Answer 9

Name and address

Date

Reference

Salutation

Main heading

Main content

-Introductory paragraph

-Facts

-Key points

-Summary

Next steps/action points

Closing

Sign-off

Enclosures

Question 10

Emails

Answer 10

Dear ____

Sub-heading

Sub-heading

Yours sincerely