Chapter 37. Round Table Discussion: Construction Disputes
Chapter 38. Round Table Discussion: Environmental Law
PART IX. NEGOTIATIONS INVOLVING INTELLECTUAL PROPERTY
Chapter 39. Intellectual Property
Chapter 40. Round Table Discussion: Trademark Law
Chapter 41. Round Table Discussion: Patent Law
Chapter 42. Round Table Discussion: Copyright Law
PART X. NEGOTIATING ACROSS BORDERS
Chapter 43. Round Table Discussion: Maritime and Admiralty Law
Chapter 44. Round Table Discussion: International Negotiations
Chapter 45. Negotiating in Cyberspace
PART XI. ETHICAL CONSIDERATIONS
Chapter 46. Ethical Constraints
Following is a list of the attorneys contributing to Donner & Crowe's Attorneys Practice Guide to Negotiations, 2d Edition. For each attorney, click on the name of the entity with which they are associated for a full biography or on the link provided if you want to contact the attorney by e-mail.
The Attorneys Practice Guide to Negotiations, 2nd Edition, is published by Thomson West and available through their website. If you are interested in purchasing a copy, please either click on the adjoining Thomson West logo or CLICK HERE.
Review by Prof. James B. Boskey, From the Seton Hall Alternative Newsletter (Reprinted in ABA's Dispute Resolution Magazine)
The Attorneys Practice Guide to Negotiations proves, somewhat to my surprise to be a truly first class contribution to the negotiation practice literature. I say "to my surprise" because many of the practitioner books in this area are longwinded without providing a serious guidance to the reader. Donner and Crowe's work is certainly lengthy, but it combines good writing with thoughtful analysis and effective presentation to qualify it as a valuable purchase for any attorney, novice or experienced.
The work is, as most legal professional books are, a compilation with individual chapters written by separate authors. The test of such a book is whether the editorial control exercised by the primary author/editors was adequate to maintain a consistency of style and approach sufficient to make the product into a book rather than a collected reader, and whether the quality overall is such as to recommend it. In this case both tests are met with flying colors, a fact made more impressive by the subject matter which prevents the kind of formal standardization that is appropriate in some areas of legal writing.
The book is divided into 10 sections made up of 44 chapters. The first two sections (14 chapters) provide an overview of the negotiation process with a clear emphasis on, but not exclusive coverage of, the attorney's role in the process. The analysis is quite detailed, but never falls into the trap of becoming so case specific that it loses sight of the fact that these are general principles that will have to be applied in a wide range of settings. Especially impressive is the strong focus on ethical issues and the consistent attention to the responsibility of the attorney to place the client's interests first.
The third and fourth sections of the book focus on negotiation in litigation and ADR settings. They put litigation in context as a dispute resolution mechanism and address specifically, in separate chapters, personal injury and matrimonial litigation and mediation as settings for negotiation. The remaining sections each examine a specific area of law or setting in which negotiation will take place. Negotiations with the government looks at plea bargaining, administrative settings, tax and bankruptcy, while negotiating across borders looks at admiralty and international issues. The other sections are more focused, addressing respectively employment issues, commercial transactions, real property and intellectual property.
Perhaps the most effective and valuable sections of the book are the chapters, which exist in each section, which present round table discussions amongst experts in the area. These round table discussions are based on model cases which are carefully selected and well designed to bring out the kinds of problems that the reader might well face. The discussants are highly professional, always keeping a weather eye out to assure ethical conduct, but also extremely practical in providing suggestions of approaches that may be useful to overcome difficulties that can arise in such negotiations.
This is a book that I can recommend highly to any attorney, and indeed to anyone else who is regularly involved in active negotiations. It is too long to be read from cover to cover, but the general chapters are not overwhelming, and the opportunity to read in detail the chapters in one's area of practice and to dip into others is very attractive.