Resources > Hapless Harvest – Negotiation
Hapless Harvest – Negotiation
Marjorie Corman Aaron
This case simulation is designed for participants in lawyer and client roles. We all know that “in real life”, much of this discussion of the case and potential settlement would take place over the course of the lawyer-client relationship. They would have or should have spoken about the client’s interests, priorities, comfort with risk, and familiarity with the legal process. That’s true on the plaintiff client side, certainly, and I’d say on the insurer client side as well (even if most insurer representatives might have some basic familiarity). It’s important for the lawyer to know something about the defense client context – both the Harvest Plenty decision-maker and the insurer representative. Are there corporate constraints? Policies? Linked cases? Has the insurer already put a reserve on the case? How strict a line is that? How much authority and influence does the insurance company have? Eventually, lawyers would seek to get formal settlement authority from their clients before entering a negotiation with the lawyer on the others side.
Hapless Harvest Negotiation: Teaching Note (PDF)
Hapless Harvest Negotiation: General Information (PDF)
Hapless Harvest Negotiation: Information for Plaintiff Jan Hapless (PDF)
Hapless Harvest Negotiation: Information for Plaintiff’s Counsel (PDF)
Hapless Harvest Negotiation Decision Tree – Defense Side With Fees and Costs (PDF)
Hapless Harvest Negotiation: Decision Tree – Plaintiff’s Side Without Fees or Costs (PDF)