ABA Recommends Donner's Book on Negotiation

newsandevents • January 6, 1997

Professor Boskey Calls New Book a "Welcome Contribution to the Literature"

Attorney's Practice Guide to Negotiations by Ted A. Donner (Thomson-Reuters ©1995, Supplemented annually), is a comprehensive text for use by lawyers involved in negotiating a wide range of legal transactions and disputes, from small claims and personal injury actions to nation wide class actions and international agreements. The book was developed over a period of 20 years with contributions from over 100 attorneys working around the United States. Their insights, memorialized in roundtable discussions throughout the text, help make this the authoritative text on legal negotiations.

Following is a review from The Alternative Newsletter, Institute for Dispute Resolution (Seton Hall); Reprinted in ABA’s Dispute Resolution Magazine:
Donner, Ted A., and Crowe, Brian J., Attorney's Practice Guide to Negotiations (2d Ed.), Clark Boardman Callaghan, 155 Pfingsten Rd., Deerfield, IL 60015-4998 (1088pp *** 1995)
The Attorney's Practice Guide to Negotiation 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.

-Prof. James B. Boskey

By Ted Donner June 8, 2025
October 28, 2021. In October, 20-21, the Eighteenth Judicial Circuit Pro Bono Committee for PILI hosted an online event to commemorate Pro Bono Week, recognize the efforts local pro bono volunteers, and celebrate its Pro Bono Service Award Recipient. The celebration video premiered Thursday, October 28, 2021, at 12:00pm, including an announcement that Ted Donner was being honored as the Pro Bono Service Award Recipient for that year. The Eighteenth Judicial Circuit's Chief Judge, Hon. Kenneth L. Popejoy, Committee Chair, Hon. Bryan Chapman, and Illinois Supreme Court Justice Michael Burke, all spoke for this presentation, emphasizing the importance of pro bono service and Ted's contributions to the community through such efforts. https://pili.org/eighteenth-judicial-circuit-celebrate-pro-bono-virtual-event/
By DonnerCo June 26, 2021
The DuPage Bar Foundation "promotes the study of law" with its annual scholarship program, including the William J. Bauer Scholarship which has been awarded each year since the DBF first developed the program when the Courthouse Annex was named in Judge Bauer's honor in 2010. The DBF awards these scholarships to students who have completed at least their first full semester of law school and either reside in or have an established connection to DuPage County. Melissa Piwowar,who has been a member of the DuPage County Bar Association for almost 20 years, was a uniquely qualified candidate for this award. She is one of the only DCBA members ever to be granted a Directors Award three times over the course of her career, she served as Founding Editor of the DCBA Grief which, at the end of her eight years on that project, won the NABE's Luminary Award as the best special issue published by a small bar association in the US, and she was the founding chair of the Public Interest Law Initiative's Committee in the 18th Judicial Circuit. An established connection with the DuPage County legal community? As David Clark, the DBF representative who presented her with this recognition said, she certainly "checked that box." (photo by Robert E. Potter III) 
By news April 26, 2019
April 2019. There's maybe nothing more challenging for a lawyer than to sit down for an interview with an old boss or law school professor. Ted Donner has worked with and represented a number of the people he used to report to, in this context, but among those he knew in law school, Dean Paul Lisnek was among the more challenging. So, when Loyola asked the two to sit down for an interview on a subject they both have a long history in, jury selection as an aspect of trial practice, Donner was not altogether sure he was up to the challenges. When Ted Donner studied at Loyola University Chicago School of Law in the late 1980s, after all, Lisnek was among the professors he had to work hardest for. Lisnek, then a Dean overseeing the school's job placement program, later went on to become a regular fixture on WGN-TV news in Chicago. But somewhere in the course of that change in profession, he worked with Clark Boardman Callaghan to update its book on voir dire, Jury Selection: Strategy & Science. Donner had assisted him on a number of other publications but this one was different. It took a few years to update the book in the ways that Donner and Lisnek agreed, back in the early 1990s, and it eventually became Donner's focus, as co-author of 30 years of subsequent editions with Richard Gabriel, a trial consultant who has maintained friendships with both Lisnek and Donner over all those many years. A link to the podcast appears here: Dialogue #27: The Podvocate, Paul Lisnek and Ted Donner .
By email March 20, 2019
In recognition of Law Day 2019, DCBA members are invited to participate in a Free Legal Answers Workshop. Attorneys will be trained on how to answer questions posted on Illinois Legal Answers Online platform. This workshop is in place of the Ask a Lawyer Day held on a Saturday in previous years. Attorneys will receive training on how to answer questions on the Illinois Legal Answers Online platform (in various areas of civil practice) and then select questions to answer. Lunch will be served. To register, CLICK HERE .
By newsandevents October 14, 2018
October 14, 2018. Melissa Piwowar joined with others from different colleges at Loyola University Chicago to be inducted into the Alpha Sigma National Jesuit Honor Society today. The ceremony was held on the school's north shore campus in Chicago, Illinois.
By email October 27, 2017
October 26, 2017 (from Facebook): "PILI ED Michael Bergmann made one last stop for this week on our statewide #celebrateprobono tour in Wheaton to visit with the DuPage County Bar Association and got to see the inaugural chair of our Eighteenth Judicial Circuit Pro Bono Committee, Melissa Piwowar.
By newsandevents July 15, 2016
July 15, 2016. Along with the President of the neighboring Kane County Bar Association, Ted threw out the first pitch for a game that netted over $10,000 in funds for charity in the two counties. Melissa Piwowar played catcher for most of a seven-inning softball game which ended when Kane County pulled ahead in the last innings to win this first game 2-1.
By newsandevents July 15, 2016
August, 2016. The DuPage County Bar Association started its 2016-17 program year with a Leadership Conference at College of DuPage in Wheaton, Illinois. Attended by section and program chairs, board members, staff and association officers, the Conference involved lectures from area professionals on the intricacies of non-profit governance, the legal pitfalls of association life, and a spirited improvisational workshop led by MAC Theater Director, Diana Martinez.
By newsandevents December 9, 2013
Since April, 2006, the Bar Association's regular monthly publication, the DCBA Brief, has surrendered its cover and half of the magazine's content each year to a parody edition, the DCBA Grief. Spear-headed by its Editor-in-Chief Melissa Piwowar, the DCBA Grief grew in size and ambition each year for eight years until, in 2013, the magazine was awarded the National Association of Bar Executive's Luminary Award for Excellence in a Special Publication. This is how that event was reported in the December, 2013 edition of the DCBA Brief, in an article titled "DCBA Grief Wins Luminary Award" by David N. Schaffer and Ted A. Donner (reprinted with permission): The National Association of Bar Executives has announced that the DCBA Grief, our annual April Fool’s edition, has won the 2013 Luminary Award for Excellence in the “Special Publications” category. The NABE Luminary Awards program recognizes excellence in bar association communications by honoring outstanding communications projects from the past year. The DCBA Brief won last year’s award in the “Regular Publications” category. The NABE judges’ comments regarding the DCBA Grief’s 2013 Luminary included: "Clearly you have lots of fun and benefit from a dedicated group of volunteers as well as staff who were able to produce this clever publication” and "the double cover approach of the publication creatively allowed you to include the parody as part of your regular publication." The DCBA Grief is put together by members of the Editorial Board, led by the DCBA Grief’s Editor-in-Chief, Melissa Piwowar. Leslie Monahan, DCBA Executive Director, and Jacki Hamler, DCBA Financial and Information Systems Manager, were instrumental in assisting in the production and submitted the award-winning issue for consideration. Terry Benshoof was Editor-in-Chief for the DCBA Brief this last year. Upon learning of this award, he said: “ Our ‘Editor in Grief,’ Melissa Piwowar, has done a masterful job, an honor which will require celebration! Of course, now John Pcolinski and Raleigh Kalbfleisch (the current and on-deck editors-in-chief, respectfully) have to figure out how they’re going to top two years running!” Piwowar has served as Editor for the DCBA Grief since shortly after it was first introduced in these pages in April, 2007. “No one on the Publication Board would disagree,” added David Schaffer, a member of the Editorial Board and contributor to the Grief, “without Melissa’s continued leadership, imagination, sense of humor, tenacity and ‘beer and pizza’ Grief jam sessions, there would be no Grief and there certainly would not be a Luminary awarded for it. Thanks Melissa!” Always the team player, after hearing of this year’s award, Piwowar quickly circulated an email congratulating the Editorial Board with a special “shout out” to the “committee” that worked on last year’s DCBA Grief as well as to Hamler and Monahan for their help.[1] Sharon Mulyk, the DCBA’s President in 2012-13, was quick to respond after hearing the good news. “How wonderful,” she wrote, “Two years in a row – we’re looking for a three-peat! Congrats to Melissa and Terry and the entire Editorial Board. Fantastic work! And, oh yeah, thanks to the ‘Powers that Be’ for finally demonstrating some influence over… something.” Current President, Pat Hurley was likewise thrilled to learn of the award. “I am extremely proud of the efforts of our Editorial Board,” he wrote, “and wish to give special thanks to Melissa Piwowar and Terry Benshoof. Receiving a NABE Luminary Award for the second time in two years is an incredible feat and a testament to the hard work and creativeness of our Editorial Board. We are privileged to have our association represented by such a high-quality publication.”
By newsandevents May 7, 2013
May 6, 2013. The DuPage County Bar Association has been important to us here at Donner & Company for many years now but I was probably as surprised as anyone when I found myself deciding to run for Third Vice President of the Association in 2013. My election meant that I would necessarily remain active in the Association for many years to come -- it means I will be serving as its President in 2016-17. That's a mighty daunting task looking at it from here. So, while this page may not mean much to anyone else but me, it's getting included in our website anyway as a reminder of how we got here. These are the materials we used to promote my candidacy in 2013. They're important because they include the names of a great many people who helped us win this election. I'm grateful to them all and want to make sure they know it. So if you're on this list and couldn't quite figure out why my website came up on a google search for your name -- well, that's why. -Ted Donner
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