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Attorneys who learn the fundamentals of negotiation theory and practice know that a thoughtful, principled approach to negotiation gets more value for your clients. But what happens when the other side doesn't play fair?
In this One-Hour Briefing, Ben Sachs, a professor at the University of Virginia School of Law and an expert in negotiation, will give you a practical understanding of hardball tactics. You'll learn how to spot these tactics in action, how to maintain control in heated moments, and how to neutralize the force of these tactics when used against you. Of course, playing hardball can also work to your advantage, so we will also discuss the ethics of hardball so that you can evaluate how and when you could employ these tactics responsibly to fight for your clients.
- Common patterns of hardball tactics in litigation and transactional matters
- Frameworks for classifying and diffusing hardball tactics, including psychological impacts
- Dealing with emotions in contentious legal negotiations
- Ethical considerations for hardball tactics under the Model Rules of Professional Conduct