Negotiation Generally Self-Quiz








While attending a meeting with a client, the client asks the attorney for whom you work whether there is anything he could try before filing a suit against his business partner/brother-in-law. You should:

Choice 1 Stand up and yell “Sue the jerk!”
Choice 2 Suggest negotiating with him.
Choice 3 Wait to see what the attorney recommends and go along without question.
Choice 4 Wait to see what the attorney recommends, and if negotiation is not mentioned, bring it up privately with the attorney.
Generally, the first step in any negotiation is for:
Choice 1 The attorneys for both sides to contact each other and discuss informal discovery.
Choice 2 The client to list the terms to which she would agree.
Choice 3 Paralegals and attorneys to familiarize themselves with the facts.
Choice 4 The attorneys to begin posturing and threatening.
A negotiated settlement is finalized when:
Choice 1 Both parties agree on the terms.
Choice 2 The attorneys communicate to each other their respective client’s agreement.
Choice 3 A settlement agreement is drafted.
Choice 4 Both parties sign a settlement agreement.
Most scholars and attorneys agree that there are four essential steps to any negotiation because:
Choice 1 Courts have consistently refused to enforce settlement agreements which resulted from long, protracted negotiations.
Choice 2 This is the way legal negotiations have been conducted for years.
Choice 3 Federal Rule of Civil Procedure 12(b)6 lays out the appropriate steps which must be taken in any negotiation.
Choice 4 There is no such consensus.

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