Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money

by John Lande

Lawyering with Planned Early Negotiation book coverThis book is written primarily for lawyers who want to improve their effectiveness. Whether you’re a solo practitioner or in a mid- to large-sized firm, you negotiate all the time. This guide shows how you can be more successful using Planned Early Negotiation (PEN).

The strategies in this book can help you become a more effective negotiator, which can increase your professional satisfaction, generate good will, relieve stress, and increase your effective billing rates with creative fee arrangements. The book includes advice from interviews of outstanding lawyers who handle all kinds of cases.

But this book is not only about negotiation — it outlines a general approach to practicing law. This book will help you:

  • Build strong relationships with your clients
  • Choose billing systems that maximize both your interests and your clients’ interests
  • Develop effective working relationships with the other side and minimize unnecessary conflict
  • Increase your confidence when you negotiate
  • Manage problems that commonly arise in negotiation
  • Use experts and other professionals effectively
  • Improve your negotiation skills throughout your career

PEN focuses on building good professional relationships with your clients and the other side to help clients more efficiently and avoid getting stuck in unproductive games.

Most cases never go to trial. Most are settled late and in an unplanned, disorganized manner.

Many lawyers are afraid to suggest negotiation because they’re afraid it makes their cases look weak. They are trapped in a “prison of fear” that harms clients who would benefit from negotiating early instead of settling on the courthouse steps. This book offers you a way to escape from this prison of fear.

With PEN, you serve your clients’ interests by planning to negotiate from the outset. Litigation is still possible, but it isn’t the first step.

This book is based on research on mediation and Cooperative and Collaborative Practice. It suggests that lawyers take the initiative to jointly manage their cases. This involves exchanging the information you need to settle instead of waiting to respond to courts or mediators. It suggests procedures to plan constructive negotiations – and deal with problems that commonly arise.

PEN is not appropriate in every case but when it is, it provides you a way to satisfy many clients and make money by using your time more efficiently.

In addition to lawyers in private practice, others can also benefit:

  • Corporate and government counsel can use it to manage their dockets.
  • Bar associations and courts can use it in CLE programs.
  • Professionals such as mediators can use it to work with lawyers better.
  • Legal clients can use it to work more effectively with their lawyers.
  • Law school instructors can use it in negotiation and lawyering courses.
  • Law students can get a practical perspective about legal practice.

The American Bar Association published the book, which includes a CD with numerous practical forms. Here are links to the table of contents and a detailed summary of the book. For more information and to order the book, click here.

Book Reviews

Litigation, Less Bleak: Planning for Early Negotiation Could Be a Boon to Both Clients and Lawyers, Illumination, Spring / Summer 2011.

James E. McGuire, All About Doing Good While Doing Well, New England Chapter of Association for Conflict Resolution Newsletter, Spring 2011.

Margaret M. Huff, Lawyering with Planned Early Negotiation, Tennessee Bar Association, August 2011.

Jan Frankel Schau, Lawyering with Planned Early Negotiation, International Academy of Mediators Mediation Newsletter, March 2012 (reprinted in the Los Angeles Daily Journal, Friday, March 16, 2012).

Joan Stearns Johnsen, Planned Early Negotiations-Another Tool to Resolve Disputes, Dispute Resolution Journal, November 2011- January 2012.

John Sturrock, Getting in Early and Doing it by the Book Can Reap Rewards, The Scotsman, May 14, 2012.

F. Peter Phillips, Lande’s Disconcertingly Excellent Book, Business Conflict Blog, Sept. 4, 2012.

Articles by John Lande Related to the Book

Good Pretrial Lawyering:  Planning to Get to Yes Sooner, Cheaper, and Better, 16 Cardozo Journal of Conflict Resolution (forthcoming 2014).

Escaping From Lawyers’ Prison of Fear, 82 UMKC Law Review 485 (2014).

How Corporations Can Resolve Disputes Sooner, Cheaper, and Better, Corporate Disputes Magazine, April-June 2014, at 28.  You can download the article by subscribing to the magazine for free by clicking here and then clicking on “downloads.”

Lessons from “Teaching Students to Negotiate Like a Lawyer,” 15 Cardozo Journal of Conflict Resolution 1 (2013).

Teaching Students to Negotiate Like a Lawyer, 39 Washington University Journal of Law and Policy 109 (2012).

How Advocates Can Manage Cases Better, And Get Good Results, With ‘Planned Early Negotiation,’ 29 Alternatives to the High Cost of Litigation 161 (2011).

How Neutrals Can Provide Early Case Management of Construction Disputes, JAMS Global Construction Solutions, Spring 2011, at 6.

Getting Good Results for Clients by Building Good Working Relationships with “Opposing Counsel,” 33 University of La Verne Law Review 107 (2011).

Planned Early Dispute Resolution Resources

The American Bar Association Section of Dispute Resolution created a Planned Early Dispute Resolution (PEDR) Task Force, which John Lande chaired.  The Task Force produced a PEDR User Guide for business parties and lawyers, which is available at the PEDR Task Force website.  The User Guide was co-sponsored by the American Arbitration Association (AAA), International Institute for Conflict Prevention and Resolution (CPR), and Judicial Arbitration and Mediation Service (JAMS).  The website also includes generic powerpoint presentations and a speaker’s guide for giving talks about PEDR to business and legal audiences.  There is also a short podcast produced for the ABA Section of Litigation.