"Sun Tzu had this figured out some 2,500 years ago: If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle."
"In a lawsuit, you need to know the other lawyer's skills, their appetite for trial (and appeal), and their ability to accurately assess the strength of their case. You need to be introspective enough to have an equally good look at yourself about these things. You need to know the judge: how he or she has ruled in similar cases in the past, how his or her decisions tend to hold up on appeal."
Negotiation training and practical litigation experience build useful negotiating skills but cannot cover every nuance. Preparation is essential: know personal strengths and weaknesses and recognize that negotiation concerns both parties. Effective negotiators research opposing counsel’s skills, their willingness to try or appeal, and their ability to evaluate their case accurately. Introspection about one’s own position and capabilities is equally important. Understanding the judge’s prior rulings and how those rulings fare on appeal informs strategy. Assessing both clients’ financial limits and rationality helps set realistic goals and guides settlement decisions.
Read at Above the Law
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