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OBSERVATIONS ABOUT SETTLEMENT NEGOTIATION

OBSERVATIONS ABOUT SETTLEMENT NEGOTIATION

This Sunday’s New York Times discusses strategies regarding the Bush tax cuts which are set to expire at years end in an article by Robert H. Frank entitled: “In talks, G.O.P. May  have to just say yes.” He first references the book “Getting to yes,” by Robert Fisher and William Yuri where they discussed the concept of knowing the best alternative to a negotiated agreement or “BATNA” during negotiation. They argue that knowing your and your adversaries best alternative to a negotiated agreement is…

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THOUGHTS ON CROSS EXAMINATION

THOUGHTS ON CROSS EXAMINATION

For some years I have subscribed to the American Journal of Trial Advocacy. Subscriptions are available at $24 per year from the American Journal of trial advocacy, Cumberland school of Law of Samford University, 800 Lake Shore Dr. ROBH 301, Birmingham, AL 35229. This month Garry S Gilden this written an excellent article “cross examination at trial: strategies for the deposition” which I recommend to you. Some of the points he makes include the following. He sets out the basic format for…

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DEPOSITION OF DEFENSE HIRED SURVIELLANCE INVESTIGATOR

DEPOSITION OF DEFENSE HIRED SURVIELLANCE INVESTIGATOR

I recently deposed an investigator hired by the defense who kept my client under surveillance over a long period of time. While you may not have had this happen to your client you may find the outline helpful. EXAMINATION OF INVESTIGATOR (“tailing, stakeout, spying, tracking, snooping, secretly watching, sneak, peeping Tom, prying, invading privacy”) INTRODUCTION 1.NAME (only – not address -save for later) WHAT HE DID GENERALLY  IS IT TRUE STARTING IN MARCH OF 2011 YOU BEGAN SECRETLY WATCHING THE…

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