Focus on interests over positions

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1 point submitted 28 days agoI clerked at the same small firm for 2 years, starting the summer after 1L ended. It was very helpful. I learned a lot about the practical aspects of practicing law. Even just sitting in my office and listening to the attorneys conduct business was helpful.If your grades suffer too much, you might consider finding another job. I don think that there is any replacement for actual law firm work though. I was hired at my current job based in no small part on my experience at a small firm.Definitely finish reading Getting to Yes, and I suggest Getting Past No as well. Someone below mentioned Never Split The Difference, that also a good read. Chris Voss does a great job of illustrating tried and true techniques (like the ones in Getting to Yes) in the context of FBI hostage situations. Don feel the need to read all these books right now though, Getting to Yes should be plenty.Some basic tips as a former competitor and someone who judges and teaches this stuff now:Listen more than you speak. You go into these hypothetical scenarios with nothing more than some basic general facts, your confidential information, and some guesses as to what the other side might want. Information gathering is key. You should go into the round with your hypotheses about what the canada goose black friday sale other side might want, and you can test those hypotheses by info gathering. “Is it accurate to say that your client values a higher fixed salary over any other benefits or bonuses?”). Use techniques from Getting to Yes like mirroring and framing to get more information from the other side and also make sure that you understand them.The best question is often “why?” and it kind of ties into my previous point. When in doubt, ask “why.” It will help you reach a deal more than any other question you could ask, so long as you listen to their answer and use that information. “Why canada goose did your client do X? Why is this term unacceptable to you? canada goose deals Can you help me understand how you came up with these numbers?” It can get you information, it can buy you time, but most importantly it will show the judges that you not just following a script and you actively trying to solve the problem.Focus on interests over positions. These problems all have strong interests built into them. A position is usually the dollar amount or demand. “I want $10,000.” The interest is the underlying motive, or your client need. “I cheap Canada Goose want $10,000 so I can buy my 1L books” or “I just need 1L books.” Maybe the other side doesn have $10,000 cash lying around, but they have a fresh set of 1L books they be happy to give you. Does that get you everything your client wants? Yes. Identifying common or mutual interests between the two sides also allows you to be creative, because now you both have the same goal and you can work together.There is always a Zone of Possible Agreement in these competitions. If you not seeing a way to reach a deal, it buy canada goose jacket cheap means you haven asked the right questions and gotten all the information, see above.Just in terms of how you can prepare for this stuff, you should know your client facts inside out. You should memorize every important dollar amount, the basic facts, dates, etc. You don want to be the guy that takes $5k when his client strictly said no less than $8k. You also don want to be the guy that says “absolutely not” to an offer when it actually would been in your client interests because you don understand what your client interests are. “reflective listening, recapping, etc.”), and representing your client interests more than whether you reached a deal. Above all else, have fun. 2 points submitted 1 month agoI glad you found that helpful, and now you triggered me because self evaluations are my favorite thing and I not above writing a whole essay. I try to answer this in 1000 words or less. Funny enough, I was literally just writing an e mail to my students about self analysis. If you doing an ABA competition, they just changed the rules on self evaluation.Generally, you have to answer the same two questions at every competition and my canada goose outlet tips only apply if this applies to your competition: Canada Goose sale 1. What was your strategy, and how well did it work, and 2. If you had to do the same negotiation, what would you do the same and what would you do differently. Tip 1: start with “We been asked today to answer the following Canada Goose online two questions.” and remind them what canada goose clearance the Canada Goose Parka two questions are. Some judges think you were just given free reign over the next ten minutes and you just making stuff up.The Canada Goose Outlet self analysis is almost as important as the entire round; I seen scores go from average to exceptional or vice versa after a self evaluation. There are a few ways to approach it. Personally, I did a lot of moot court too, and I always treated it like an oral argument in that I cite to things (specific statements or things that happened during the negotiation, our fact patterns, etc.) and invite as many questions from the judges as possible.First, the strategy question can be mostly scripted. You should definitely have your strategy figured out before the competition. Almost every judge on the panel will have read Getting to Yes. We love Getting to Yes. Base your strategy on some Getting to canada goose coats on sale Yes stuff.My canned strategy intro was almost always: “We read canadian goose jacket this problem as being integrative because it about X. However, there are some distributive components in Y. Because of this, it was important for us to separate the people from the problem and turn this square table into a round one. Our plan for today consisted of three steps: 1. Gather information and identify mutual interests, 2.???, 3.???”. A lot of the time, judges don even read the fact pattern. They be sitting there thinking “why didn you take the Canada Goose Jackets 10k, that was a great deal for you guys!” without knowing that would be contrary to your client instructions.For the second question in self eval, you can really script it. I used to script it to an extent, but then in the international competition I saw a team from Zimbabwe do a super genuine answer and everyone loved it. It asks you for things you would do the same and things you would do differently. Basically, good things and bad things. Never end on a bad thing. Start with a positive thing, end with a positive thing. “One thing we would do the same is active listening. another thing we would do the same canada goose store is.”), use specific examples from the round. recapping), I jot down the timestamp in the margin of my page and in the evaluation say something like “One thing we think we did well today is moving the negotiation forward. For example, about 15 minutes in, we were getting bogged down on this particular issue and my partner NAME did a great job of recapping all the information presented and tying it into our next agenda item to move us forward.” He would do the same. This is also one way to score teamwork points.Using specific examples does three things for judges: shows you actually reflecting back on your performance, demonstrates that you were actually listening during the round, AND reminds them of dope things that you did that they may have forgotten about. I judged rounds where a competitor will use this technique and it makes me go “oh yeah, I forgot they were the side that moved on from that impasse, that was great” and increase their score.That one approach you can use for the “things we would do the same because they were so great and we did a great job” portion. For the “things you would do differently,” it like that job interview question where they ask you your biggest weakness. we would caucus earlier because their new information was a surprise to us, etc.). However, when we did caucus, we were able to use the extra information we just received to put together a package offer reflecting both sides interests which is exactly what our deal ended up being).In addition to the two scripted questions, you should invite judge questions. The self evaluation is your last chance to either solidify your awesome score or buy canada goose jacket change their minds about a low score. You do not want to leave the room with any judges having unanswered questions. You have 10 minutes to answer the two prepared questions above. You should set aside 3 minutes for additional judge questions. Usually, I invite questions by inserting the occasional brief pause as I pretend to check my notes. Ask them “Are there any questions we can answer at this time?” at the end if they haven asked you anything. Usually they pepper you with questions, but sometimes you have judges that think they aren allowed to.If all else fails and you blank on the two questions or any of the stuff I mentioned, just remember these three words: Sell. Your. Deal. Explain why the deal you got is going to make your client cry tears of joy. Convince the judges that you walked away from that table with the greatest deal imaginable. Alternatively, explain why leaving a deal on the table and walking away without a finalized deal was best for your client. And make sure you answer all their questions.Sorry, that was perhaps an overly thorough breakdown of the self evaluation. I just find that there really aren any resources available for this stuff, and they things you end up learning from experience. But there is a way to do this stuff right, and self evaluation is a skill just like the actual negotiating part is. Rehearse your answer to the strategy question with your partner, and just pay attention during the round for examples for the second question.avocadoze 1 point submitted 2 months agoI think Vault is given way too much weight. It doesn’t examine any practice work, it’s mostly a popularity contest. USNW Best Lawyers is the same way.

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