Negotiation Skills for Transactional Lawyers (Including 1 hour of Ethics)

Stephen D. Brodie | Blank Rome

Stephen Brodie has more than 40 years of experience as both a corporate and a real estate attorney. Steve primarily represents financial institutions in commercial and private bank lending transactions, and in workout and restructuring matters. In recent years, Steve’s practice has expanded to include private banks and niche lenders in lending against different kinds of collateral, such as fine art owned by both collectors and dealers, hedge fund limited partnership interests, equity interests in closely held companies, and interests in professional sports teams. Many of these transactions involve cross-border lien perfection and similar issues. He also advises banks that are creating and revising written credit policies for both art and real estate lending.

Robert A. Creo | National Academy of Arbitrators

Robert A. Creo has over 40 years of practical experience in the dispute resolution field as an attorney, author, arbitrator, mediator, special master, and educator. For over two decades he served as an Adjunct Professor at Duquesne University School of Law, (1991) and the University of Pittsburgh School of Law (2001 – 2012) teaching courses on dispute resolution and decision making. He has served as a mediator and arbitrator in thousands of civil cases (over 5,000 days) since 1979, including for Major League Baseball, National Football League and the United States Senate Select Committee on Ethics, and the Court for Arbitration of Sports (CAS-TAS) headquartered in Lausanne, Switzerland

He has presented extensively on ADR, decision making, ethics, negotiating, and effective lawyering. He has authored books, including the treatise “Alternative Dispute Resolution: Law, Procedure and Commentary for the Pennsylvania Practitioner” (George T. Bisel Co. 2006), the Federal Arbitration Advocate’s Handbook, 2d. Ed. (LPR, 1993) over 50 columns of The Effective Lawyer in PA Lawyer, and over 90 columns of The Master Mediator published by CPR Alternative to the High Cost of Litigation. He is currently the Editor-in-Chief, Elkouri and Elkouri, How Arbitration Works (Bloomberg).

As the co-founder of Mediators Beyond Borders International he has been involved in international educational and humanitarian projects. He is the principal of Steel City Storytellers, LLC, which focuses on the spoken word as a means of creating connection, trust, and persuasion. https://steelcitystorytellers.com/ and co-produces television pilots of storytellers.

Mr. Creo graduated from Washington University School of Law in St. Louis (1977), serving as the law review senior editor and Brandeis University, Magna cum Laude (1974). His website is www.robertcreo.com and email: [email protected].

Session I – Negotiation Skills for Transactional Lawyers | 10:00am – 11:00am

• Understanding negotiation elements | 10:00am – 10:15am
• Strategic leverage | 10:15am – 10:30am
• Developing salesmanship skills | 10:30am – 10:45am
• Navigating ambiguity in market standards | 10:45am – 11:00am

Break | 11:00am – 11:10am

Session II – The Art of Negotiating Ethically and Most Effectively | 11:10am – 12:10pm

• What are the pros and cons of honesty? | 11:10am – 11:15am
• What must you disclose? | 11:15am – 11:20am
• What strategic advantage is there in disclosure or omission? | 11:20am – 11:25am
• What are the ethical limits of omission? | 11:25am – 11:30am
• What is paltering and why is it so natural for lawyers? | 11:30am – 11:35am
• What do the ABA Model Rules of Professional have to do with negotiation effectiveness? | 11:35am – 11:40am
• Exploring honesty, disclosures, and omission in the context | 11:40am – 11:45am
• Are you at heart a competitive or cooperative negotiator, or do you shift to and from? | 11:45am – 11:50am
• What are some ethically sound yet productive negotiation strategies and tactics? | 11:50am – 12:00pm
• Wherethe intersection of effective representation and personal contentment? | 12:00pm – 12:10pm