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: Stand up and yell “Sue the jerk!” Suggest negotiating with him. Wait to see what the attorney recommends and go along without question. 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: The attorneys for both sides to contact each other and discuss informal discovery. The client to list the terms to which she would agree. Paralegals and attorneys to familiarize themselves with the facts. The attorneys to begin posturing and threatening.

A negotiated settlement is finalized when: Both parties agree on the terms. The attorneys communicate to each other their respective client’s agreement. A settlement agreement is drafted. Both parties sign a settlement agreement.

Most scholars and attorneys agree that there are four essential steps to any negotiation because: Courts have consistently refused to enforce settlement agreements which resulted from long, protracted negotiations. This is the way legal negotiations have been conducted for years. Federal Rule of Civil Procedure 12(b)6 lays out the appropriate steps which must be taken in any negotiation. There is no such consensus.

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