Proudly Announce. Winning Settlements. How to Get the Best Deals for Your Clients. Written and facilitated by Michael Palmer, J.D., Ph.D.

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1 & Proudly Announce Winning Settlements How to Get the Best Deals for Your Clients Written and facilitated by Michael Palmer, J.D., Ph.D. Learn how to - Develop a winning litigation strategy - Determine the financial value of your case - Discover what your client really wants - Write a settlement plan that protects you against decision traps - Navigate the ethical challenges of the settlement process Fully online and accessible for 4 weeks. Starting February 11, 2013 The Goal: A resolution that satisfies your client s interests better than a trial or no deal. How can you know it s better? This workshop helps you answer that question. Click here for price and registration 9 Hours CLE Credit (including 1 Hour Ethics) Special VBA Member Price: $375 Price for Non-Members: $425 Work at Your Own Pace

2 In this Hands-On Workshop, participants play the roles of both plaintiff s and defense counsel through different stages of Svensson v. Health Welfare Devices and George Templeton from inception to resolution. We will explain the tools for interest analysis and financial valuation which we will then use together at each juncture of this hypothetical case (a composite of real cases). You will learn how to use the Win Before Trial Method to develop a litigation strategy, analyze the interests of the parties, estimate the financial value of the case from each side s perspective, and write a settlement plan that protects against subconscious decision traps. Prologue: Why Smart Lawyers Sometimes Do Dumb Things 1. Develop a Good Litigation Strategy 2. Discover What the Case is Worth 3. Find Out What Your Client Really Wants 4. Write a Settlement Plan Bonus: The Ethics of Settlement Advice and Client Consent Click here for Detailed Workshop Outline In this workshop, you will learn how to: Develop a winning litigation strategy that encompasses trial and settlement. Use the four components of case valuation to manage complexity and to think analytically about the value of your case Calculate the net present financial value of any case from each side s perspective Assess the interests of all stakeholders in the litigation Develop a settlement plan that puts you in charge of the settlement process, giving you confidence that a decision In Let s Not Make a Deal, the famous study of settlement decisions, Randy Kiser, Martin Asher, and Blakeley McShane report that 61.2 percent of plaintiffs got lower jury awards than the last offer made by the defendant and 24.3 percent of defendants ended up paying an average of $1.4 million more than the plaintiff s last settlement demand

3 to reject or accept an offer best satisfies your client s interests Grapple with the ethical challenges of providing disinterested advice to nonexpert clients Our state-of-the-art online education resources and instructional design enable you to: Access the course anywhere/anytime with any device that has an Internet connection. Complete the course in stages when you have time available Earn valuable CLE credit How this Program is Delivered Participants have access to the following online resources and materials: Recorded video presentations with integrated questions and answers (can be viewed anytime/anywhere on desktops and mobile devices with internet access) Exercises and quizzes that reinforce learning Live, interactive presentations in small groups for the skillbuilding portions of the program (recorded and available for repeat viewing). Case simulations and demonstrations Discussion forums for questions, comments, and interaction among participants with daily responses posted by the facilitator Membership in the WIN BEFORE TRIAL Discussion Group, which will continue after conclusion of the program. The program includes recorded bonus interviews with Randall Kiser Laura A. Kaster David Ball Bob Creo We use several real and some imaginary cases as the material for illustrating the theories and for demonstrating the methods presented in each part of the workshop. We will make liberal use of the book and movie, A Civil Action. Participants will benefit by reading the book or watching the movie, preferably both

4 Workshop Outline Prologue: Why We Sometimes Make Bad Deals and Pass Up Good Ones What the Research Shows Why we fail to get optimal settlements, Part 1: An overview of subconscious biases Why we fail to get optimal settlements, Part 2: Insufficient analytical attention to interests and alternatives Part I: Litigation Strategy and Expert Case Valuation Litigation Strategy: Begin With The End In Mind An overview of strategic thinking in litigation The six basic questions of litigation strategy Projecting the opposing party s strategy Competition and cooperation in the litigation context The Palmer Method of Case Valuation The four components of case valuation The basic formula and how to apply it Why each side s valuation is different The zone of potential agreement How to Get Better Estimates for Each Component: An Introduction Complexity and uncertainty: Why it s hard to generate reliable estimates, Part 1 The Elephant and the Rider (the subconscious and conscious brain): Why it s hard to generate reliable estimates, Part 2 How to get better information about the likely values of each component How to mitigate overconfidence, confirming evidence, anchoring, and other biases that distort judgments about the likely values of each component Using the Case Value Analyzer to Manage the Numbers

5 The Case Value Analyzer : How it works and why it s better than decision trees Using the Case Value Analyzer as an advocate in individual cases Using the Case Value Analyzer as a mediator Part II: Analyzing the Parties Interests and Creating the Settlement Plan Discovering the Parties Interests Two ways of thinking about legal problems Clients think in terms of their interests The interest hierarchy Interest categories Respect and justice Discovering your client s interests Assessing your client s risk tolerance Don t forget the other side s interests and risk tolerance The Settlement Plan The Content of the Settlement Plan The Settlement Plan (Template) The Settlement Proposal (Template) The Ethics of Settlement Advice and Client Consent The lawyer s responsibility to understand the client s interests and to base settlement advice on an adequate determination of likely outcomes Can trial counsel provide disinterested professional advice? If not, what are the ethical and practical implications? Can the client s consent to a settlement be truly informed? If not, what are the ethical and practical implications?

6 The special introductory price for this program is $375 for VBA Members, and $425 for all others if you register by February 4, The price includes complete 4-week access to the online materials and resources, and the discussion forum. The program starts on February 11, 2013, and is open for 4 weeks. LEARN AT YOUR OWN PACE. Register by January 20 to receive a free copy of Mike Palmer s ebook, Winning Settlements: What Lawyers Must Know to Get the Best Deals for their Clients. Upon completion of the workshop, participants receive 9.0 MCLE Credit hours (includes 1.0 hour of ethics MCLE credit). Why so inexpensive? This is a Carbon-free CLE. You save the cost of travel and time away from the office, and we save the cost of renting meeting rooms. We pass the savings on to you. About the Author and Facilitator Jenner & Block, Chicago ( ): Complex anti-trust, trademark, commercial law, contract disputes, prisoners civil rights, sex discrimination, death penalty appeals Palmer Legal Services, Middlebury, Vermont ( ): debtorcreditor disputes, bankruptcy (debtor and creditor), boundary disputes, family law, personal injury Mediator: Contract disputes, real property matters, personal injury cases, bankruptcy litigation Mike has conducted workshops on settling lawsuits since He uses the Win Before Trial case valuation method in his own mediation practice and has presented parts of it to lawyers at American Bar Association conferences, state bar association gatherings, Seton Hall Law School, Texas Wesleyan Law School, insurance companies, and mediation training. He has been a featured presenter in webinars for various organizations including the West Legal Ed Center and the CPR Institute. Teacher: Adjunct professor, Chicago Kent Law School, Middlebury College (jurisprudence, negotiation, rule of law, ethics) Guest lecturer, Seton Hall and Texas Wesleyan University Law School

7 Consultant Author: Education: Negotiation workshops for Big 4 accounting firms, Fortune 500 companies, health care service providers, academic institutions, and others Major study on professional judgment for KPMG International economic development projects in Macedonia, Bosnia- Herzegovina, Azerbaijan, and Mongolia Winning Settlements: What Courtroom Lawyers Must Know and Do to Get Good the Best Deals for Their Clients It s Not Your Money: Professional Responsibility for Corporate Managers Improving Professional Judgment in the Auditing Profession Complying with the Ethics Mandates of the Federal Acquisition Regulation Which is Better: The Deal of the Ordeal? An Examination of Some Challenges of Case Valuation (Vermont Bar Journal, Fall 2010) Overcoming Barriers to Agreement (ABA Advanced Mediation Institute, November 2006) ADR Missionaries (ABA Dispute Resolution Magazine, Spring 2006) Building Trust Through a Code of Conduct (Macedonian Business Lawyers Association Magazine, Spring 2006) To Cybersettle or Not to Cybersettle (Vermont Bar Journal, January 2001) The Magic of Mediation (Vermont Bar Journal, July 1996) J.D., Georgetown University Law Center, 1980 Harvard Mediation Workshop, 2001 Harvard Negotiation Workshop, 1992 Dr. Phil., Freie Universität Berlin, 1976 Coming Soon: Stay tuned for information on WIN BEFORE TRIAL s workshops on Advanced Case Valuation and Cutting the Deal

8 Part 2: Advanced Case Valuation The Art & Science of Making Good Predictions in Litigation This workshop presents a detailed process for making better predictions about the likely values of each of the four components of case valuation and demonstrates a set of tools that help lawyers and paralegals manage the process. Part 3: Cutting the Deal: Making Money Talk in Mediation This workshop will cover communicating with opposing counsel, making the best presentation of your case in mediation, working with the mediator to negotiate with the other side, assessing offers and fashioning counteroffers, and make the final decision: deal or ordeal. About WIN BEFORE TRIAL: WIN BEFORE TRIAL provides tools, resources, and advice that help lawyers and their clients develop litigation and settlement strategies to obtain the best possible results. For more information, visit our website, call , or write mike@winbeforetrial.com

9 VT Bar Association Continuing Legal Education Registration Form Please complete all of the requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT Fax: (802) PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name Middle Initial Last Name Firm/Organization Address City State ZIP Code Phone # Fax # Address Winning Settlements Workshop: How to Get the Best Deals for Your Clients February 11, 2013 Web Based 4-Week Program 9.0 MCLE CREDITS (INCL. 1.0 ETHICS CREDIT) Early Registration Discount by 2/4/13 Registration Received After 2/4/13 VBA Attorney Members: $375 Non VBA Member Attorneys: $425 VBA Attorney Members: $400 Non VBA Member Attorneys: $450 NO REFUNDS AFTER February 4, 2013 PAYMENT METHOD: Check enclosed (made payable to Vermont Bar Association) Amount: Credit Card (American Express, Discover, Visa or Mastercard) Credit Card # Exp. Date Cardholder:

10 Vermont Bar Association CERTIFICATE OF ATTENDANCE Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: February 11, 2013 Seminar Title: Location: Credits: Winning Settlements Workshop: How To Get the Best Deal For Your Clients Web Based 4-Week Program 9.0 MCLE Credits (incl. 1.0 Ethics) Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.