Tag Archives: lawyering

Readings and Resources for Teaching

As you gear up for the new year, here’s a reminder of some of my favorite things you might require or recommend that students read. My short “Letter to Kelly” provides advice for new 1Ls.  If you teach a 1L course, you might assign it even though it doesn’t focus on any particular 1L subject. … Continue reading Readings and Resources for Teaching

Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation risk assessment” (LRA), something you probably teach using different names.  You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LRA. Building on their own and others’ research, they developed a simple but comprehensive framework for practitioners … Continue reading Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

Stone Soup:  It’s a Great Idea But . . .

We all know about situations when people say that they really like the idea of ADR, but it’s not appropriate in their particular case.  Sometimes there are very good reasons not to use an ADR process.  Other times, not so much. There may be similarities in some people’s reaction to the idea of using a … Continue reading Stone Soup:  It’s a Great Idea But . . .

30% Discount on ABA Books — Thru End of February

The ABA is offering a 30% discount on its 2017 books.  The discount is available only through the end of the month, so you need to act soon to take advantage of this offer. The Section of Dispute Resolution published the following books that qualify for this discount: ● Beyond Smart:  Lawyering with Emotional Intelligence … Continue reading 30% Discount on ABA Books — Thru End of February

Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants

Recently, I did a post about a new book that Forrest (“Woody”) Mosten co-authored about unbundled legal services. Woody just sent me a link to a podcast conversation he had with our friend, Dr. Julie Macfarlane, the director of the National Self-Represented Litigants Project (NSRLP).  In this podcast, entitled “Back to the Future of Legal … Continue reading Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants

Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation

This post describes CLE presentations I gave for the Texas Bar.  It provides material for participants at the program and is another illustration of how people can use the Stone Soup Project idea of using continuing education programs to produce and share knowledge about actual practice. I previously tested this approach in two days of … Continue reading Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation

Stone Soup, Reflective Practice, Action Research, and Social Justice

Some questions for law professors:  Why did you go to law school?  Why did you decide to go into academia?  What do you want to accomplish in your work?  What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice

Mosten and Scully’s New Book on Unbundled Legal Services

I have known Forrest (Woody) Mosten for quite a while.  He co-authored several articles on collaborative law with me, putting him at risk of tarnishing his stellar reputation.  We also co-authored an article, Family Lawyering:  Past, Present, and Future.  Much more significantly, Woody is known as the “father of unbundling” (as well as being a … Continue reading Mosten and Scully’s New Book on Unbundled Legal Services

Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation

We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives.  This includes the negotiators themselves.  We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation

Kiser’s Soft Skills for the Effective Lawyer

I was really pleased to meet Randall Kiser at last year’s ABA conference.  I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations.  The top-line finding was that in 85.5% of cases, parties went to trial … Continue reading Kiser’s Soft Skills for the Effective Lawyer