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Attorney's Practice Guide to Negotiations

The Attorney's Practice Guide to Negotiations, 2d Edition, by Ted A. Donner & Hon. Brian J. Crowe (West Group Publishing ©1995-2004, Supplemented annually) is the only comprehensive study on the subject of legal negotiations, with contributions from dozens of practicing attorneys representing a wide range of specialties and concentrations and analysis on the law governing how attorneys may work with each other to resolve disputes and transactions outside the courtroom.  In his review, Professor Boskey described the book as "“[A] truly first class contribution to the negotiation practice literature…. [The book] combines good writing with thoughtful analysis and effective presentation to qualify it as a valuable purchase for any attorney, novice or experienced…. 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 book is over 1000 pages in length, with 45 chapters divided by area of practice, with roundtable discussions and analysis of the current law applicable to negotiations in each arena, from class actions to collective bargaining to international trade disputes.  The book also features roundtable discussions with contributing attorneys from an array of concentrations, discussing concerns unque to specific bargaining situations and the effect of applicable law.  The Attorney's Practice Guide to Negotiations, 2nd Edition, can also be searched on Westlaw. The book can be found at ATNEGGUIDE, in the Litigation Library and, under Practice Materials. 


Table of Contents

[Detailed Table of Contents]
PART I. SIX STEPS OF PLANNING

Chapter 1. Identifying Goals and Objectives

Chapter 2. Identifying Underlying Interests

Chapter 3. Developing Strategies

Chapter 4. Identifying Negotiation Participants

Chapter 5. Timing Considerations

Chapter 6. Where to Negotiate?

Chapter 7. Round Table Discussion: Planning Negotiations

 

PART II. NEGOTIATION PROCESS

Chapter 8. Establishing Rapport

Chapter 9. Competitive and Cooperative Approaches

Chapter 10. Exchanging Information and Proposals

Chapter 11. Using Negotiation Tactics

Chapter 12. Glossary of Tactics

Chapter 13. Reaching Agreement

Chapter 14. Memorializing Agreement

 

PART III. NEGOTIATIONS IN LITIGATION

Chapter 15. Litigation as Dispute Resolution

Chapter 16. Round Table Discussion: Personal Injury Claims

Chapter 17. Collection Actions

Chapter 18. Round Table Discussion: Employment Disputes

Chapter 19. Roundtable Discussion: Marital Disputes

 

PART IV. ALTERNATIVE DISPUTE RESOLUTION

Chapter 20. Round Table Discussion: Alternative Dispute Resolution (ADR)

Chapter 21. Types of Alternative Dispute Resolution

Chapter 22. Mediation


PART V. NEGOTIATIONS WITH THE GOVERNMENT

Chapter 23. Administrative Remedies

Chapter 24. Round Table Discussion: Administrative Negotiations

Chapter 25. Roundtable Discussion: Plea Bargaining

Chapter 26. Negotiating a Tax Matter

 

PART VI. MULTIPARTY BARGAINING

Chapter 27. Coalition Bargaining

Chapter 28. Roundtable Discussion: Bankruptcy

Chapter 29. Roundtable Discussion: Class Actions

Chapter 30. Roundtable Discussion: Multilayer Insurance Coverage Disputes

 

PART VII. NEGOTIATING COMMERCIAL TRANSACTIONS

Chapter 31. Roundtable Discussion: Commercial Transactions

Chapter 32. Financing and Venture Capital Transactions

Chapter 33. Round Table Discussion: Mergers & Acquisitions

Chapter 34. Round Table Discussion: Collective Bargaining

 

PART VIII. NEGOTIATIONS INVOLVING REAL PROPERTY

Chapter 35. Real Estate Sales Transactions

Chapter 36. Real Estate Lease Transactions

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

Contributing Authors
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. 

TED A. DONNER

Donner & Company (Chicago, IL)

Co-Author (email)
 

BRIAN L. CROWE

Shefsky & Froelich (Chicago, IL)

Co-Author (email)
 

JOHN M. AUGUSTYN

Leydig, Voit & Mayer (Chicago, IL)

Intellectual Property, Chs. 40-42 (email)
 

ROBERT BALDORI

Law Offices of Robert Baldori (Okemos, MI)

Entertainment Law, Ch. 31

 

MYLES D. BERMAN

Foley & Lardner (Chicago, IL)

Environmental Law, Ch. 38 (email)
 

Hon. PAUL P. BIEBEL, JR.

Cook County Criminal Court (Chicago, IL)

Administrative Law, Ch. 24
 

ROBERT J. BINGLE

Corboy & Demetrio (Chicago, IL)

Personal Injury Claims, Ch. 16 (email)
 

DAVID M. BRENNER

Graham & James LLP (Seattle, WA)

Internet and Information Technologies, Ch. 45 

 

MARGARET CANGILOS-RUIZ

Whiteman Osterman & Hanna (Albany, NY)

Bankruptcy Law, Ch. 28 (email)
 

SARA L. CAPLAN

Christensen, Miller, Fink, Jacobs, Glaser, Weil and Shapiro, LLP (Los Angeles, CA)

Criminal Law, Ch. 25 (email)
 

JAMES E. CARROLL

O’Keefe Lyons & Hynes, LLC (Chicago, IL)

Intrnational Law Ch. 44 (email)

 

KARA E.F. CENAR

Welsh & Katz, Ltd. (Chicago, IL)

Intellectual Property, Chs. 40-42 (email)

 

GEORGE F. CHANDLER III

Hill, Rivkins & Hayden, LLP (Houston, TX)

Admiralty & Maritime Law Ch. 43 (email)
 

PATRICIA COLLEEN CLARK

Law Offices of Patricia Colleen Clark (Beaumont, TX)

Family Law, Ch. 19 

 

MELANIE ROVNER COHEN

Quarles & Brady LLP (Chicago, IL)

Bankruptcy & Reorganizations, Ch. 28 (email)
 

DAVID COLARIC

Assistant Public Defender (Chicago IL)

Plea Bargaining, Ch. 25

 

P. KEVIN CONNELLY

Connelly, Sheehan & Moran (Chicago, IL)

Labor and Employment, Ch. 18 (email)

 

Hon. JOHN W. COOLEY

Law Offices of John W. Cooley

Negotiation Styles, Ch. 7
 

JOHN J. CRESTO

Cresto & Simons (Naperville, IL)

Real Property, Ch. 37 (email)
 

THOMAS L. CROTTY, JR.

Kirkpatrick & Lockhart (Boston, MA)

Insurance Coverage Litigation, Ch. 30
 

JOHN DRAPER DANIELS

Sanchez & Daniels (Chicago, IL)

Personal Injury Claims, Ch. 16 (email)

 

VINCENT M. De ORCHIS

De Orchis & Partners, LLP (New York, NY)

Admiralty & Maritime Law, Ch. 43 (email)

 

THOMAS A. DEMETRIO

Corboy & Demetrio (Chicago IL)

Personal Injury Claims, Ch. 16 (email)


JAMES C. DOBBS

Versar, Inc. (Springfield VA)

Commercial Transactions, Ch. 31 (email)

 

ALLEN W. DUB

Law Offices of Allen W. Dub (Chicago, IL)

Employment Law, Ch. 18 (email)

 

MONTE DUBE

McDermott, Will & Emery (Chicago, IL)

Mergers & Acquisitions, Ch. 33 (email)

 

DAVID L. EVANS

Mateer & Harbert, P.A. (Orlando, FL)

Collective Bargaining, Ch. 34 (email)

 

EVAN D. FLASCHEN

Bingham McCutchen (Hartford, CT)

Bankruptcy & Reorganization, Ch. 28 (email)

 

MARY A. GADE

Sonnenchein, Nath & Rosenthal (Chicago, IL)

Environmental Law, Ch. 38 (email)

 

JAY S. GELLER

Law Offices of Jay Geller (Portland, ME)

Bankruptcy & Reorganizations, Ch. 28 (email)

 

RICHARD P. GILLY

Wolf, Block, Schorr and Solis-Cohen LLP (Philadelphia PA)
Intellectual Property, Chs. 40-42 (email)

 

STEPHEN W. GODOFF

Godoff & Zimmerman (Baltimore, MD)

Collective Bargaining, Ch. 34

 

PERRY GOLDBERG

Cougar Fleets, Inc. (Chicago)

Reaching Agreement, Ch. 13

 

VIRGINIA H. HOLDEN  

McDermott, Will and Emery (Chicago, IL)

Internet & Information Technologies, Ch. 45 (email)

 

Hon. MICHAEL J. HOWLETT, JR.

Shefsky & Froelich (Chicago, IL)

Alternative Dispute Resolution, Ch. 20

 

JOHN D. JESKE

Law Offices of John D. Jeske (Chicago IL)

Employment Law, Ch. 18

 

ROBERT M. KALEC

Dean & Fulkerson (Troy, MI)

Administrative Negotiations, Ch. 24 (email)

 

ROGER W. KIRBY

Kirby McInerney & Squire LLP (New York, NY)

Class Action Litigation, Ch. 29

 

DAVID S. KLEVATT

Klevatt & Associates (Chicago, IL)

Insurance Coverage Disputes, Ch. 30 (email)

 

Prof. KAREN V. KOLE 

Valparaiso School of Law (Valparaiso, IN)

Federal Taxation, Ch. 16 (email)

 

MICHAEL R. KOLLOWAY

Consoer Townsend (Chicago, Illinois)

Real Property, Ch. 37 (email)

 

CHARLES A. LAFF

Michael, Best & Friedrich LLP

Intellectual Property, Chs. 40-42 (email)

 

HAROLD LEVINE (Deceased)

Arnstein & Lehr (Chicago, Illinois)

Real Property, Ch. 37

 

PAUL M. LISNEK

Decision Analysis (Chicago, IL)

Negotiation Styles, Ch. 7 (email)

 

MAUREEN MARTIN

Martin Law Firm (Green Lake, WI)

Environmental Law, Ch. 38

 

JOSEPH T. MCLAUGHLIN

Heller Ehrman (New York NY)

Class Action Litigation, Ch. 29 (email)

 

ALBERT MOMJIAN

Schnader, Harrison, Segal & Lewis (Pennsylvania PA)

Family Law, Ch. 19 (email)

C. BARRY MONTGOMERY

Williams Montgomery & John, Ltd. (Chicago IL)

Personal Injury Claims, Ch. 16 (email)

 

THEODORE C. MORRIS

The Stanley Works (Hartford CN)

Internet & Information Technologies, Ch. 45

 

HAL R. MORRIS

Arnstein & Lehr (Chicago, Illinois)

Real Estate, Ch. 37 (email)

 

CHARLES A. PATRIZIA

Paul, Hastings, Janofsky & Walker (Washington DC)

Commercial Transactions, Ch. 31 (email)

 

WILLIAM QUINLAN

Rockford Board of Education (Rockford, IL)

Collective Bargaining, Ch. 34 (email)

 

DON H. REUBEN

Of Counsel (CA)

Alternative Dispute Resolution, Ch. 20 (email)

 

SETH A. RIBNER

Simpson, Thacher & Bartlett LLC ( Los Angeles, CA)

Insurance Coverage Litigation, Ch. 30 (email)

 

CARLOS G. RIZOWY

Sonnenschein, Nath & Rosenthal (Chicago, IL) 

International Law, Ch. 44 (email)

 

LARRY L. SARET

Michael Best & Friedrich LLP (Chicago, IL)

Intellectual Property, Chs. 40-42 (email)

 

MARK K. SCHOENFIELD

Schoenberg, Fisher Newman & Rosenberg (Chicago, IL)

Negotiation Styles, Ch. 7 (email)

 

NICHOLAS J. SCHULDT, III

Law Offices of Nicholas J. Schuldt III (NJ)

Marital Disputes, Ch. 19

 

MICHAEL L. SIEGEL

Stone, McGuire & Benjamin (Chicago, IL)

Criminal Law, Ch. 25 (email)

 

Hon. SEYMOUR F. SIMON

Rudnick & Wolfe (Chicago, IL)

Alternative Dispute Resolution, Ch. 20 (email)

 

ROBERT A. SKIRNICK

Meredith, Cohen, Greenfogel & Skirnick, P.C. (New York, NY)

Class Action Litigation, Ch. 29

 

GARY SPECKS

Kaplan Fox (Chicago, IL)

Class Action Litigation, Ch. 29 (email)

 

HEATHER C. STEINMEYER

Blue Cross/Blue Shield Association (Chicago, IL)

Intellectual Property, Chs 40-42

 

ALAN E. SWERDLOW

Boornazian, Jensen & Garthe (Oakland, CA)

Insurance Coverage Disputes, Ch. 30

 

KEVIN C. TROCK

Intellectual Property, Chs. 40-42 (email)

 

MIGUEL VALDES

Valdes, Machado & Associates (Chicago, IL) 

International Law, Ch. 44

 

BRUCE C. WALTZER

Waltzer & Associates (New Orleans, Louisiana)

Ch, 43, Admiralty

 

LAWRENCE S. WESCOTT

Serotte, Rockman & Wescott, P.A. (Baltimore, MD)

Colective Bargaining, Ch. 34

 

TERESA A. WILLIAMS

Crowe & Dunlevy (Oklahoma, OK)

Mergers & Acquisitions, ch. 33
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.

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