What did you find as White’s three most compelling critiques (cons)?

there is required reading and four required short papers. Students may discuss the assignments with each
other but must draft the assignments individually. Students are urged to use their own words in response to the questions. Students are not required to footnote references to the assigned books, other than an initial reference, unless using direct quotations.

The ability to participate successfully in legal negotiations rests on a combination of five core skills that students will begin to develop in this course: 1) theoretical understanding; 2) interpersonal and intrapersonal awareness; 3) planning; 4) drafting; and 5) reflection. This course provides students with a set of conceptual frameworks and practice experiences that will enhance understanding and skill level
in these areas, from the various perspectives of negotiators, advocates, and clients in negotiations.

ABA Standard 310:

Assignment:
Please read James. J. White, The Pros and Cons of Getting to Yes; the Model Rules of Professional Conduct (Preamble and Rules 1.8, 1.7, 4.1, and 8.4); and pp. 95-138 of Art Hinshaw & Jess K. Albert, Doing the Rights Thing: An Empirical Study of Attorney Negotiation Ethics. Please come to class prepared to discuss the readings and to pose two comments or questions. To be eligible for credit for the course, you must submit before the beginning of class via Canvas a written memo of minimum three (3) pages, maximum four (4) pages, that addresses the below questions. Please use 12 pt. Times New Roman font, 1.5 spacing. In your memo, please answer the following questions:
What positives (pros) does White observe about Getting to Yes? What did you find as White’s three most compelling critiques (cons)? Do you agree or disagree with his cons?
Compare distributive bargaining to problem-solving negotiation. Can lawyers change adversarial bargaining to problem-solving in disputes and deals without risking exploitation? What comparative benefits do you think lawyers bring to negotiations?
What are the professional and ethical dilemmas for lawyers (agents) when engaged in negotiations on behalf of clients (principals)?
Can lawyers and/or clients lie in negotiations? What are the risks, rewards?
What is the role of confidentiality in legal negotiations?

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