Blog:Main/Negotiating for the Defense - Revision history

Texclark@gmail.com at 15:51, June 30, 2015

2015-06-30T15:51:31Z

Texclark@gmail.com at 15:51, June 30, 2015

2015-06-30T15:51:16Z

Texclark@gmail.com at 15:49, June 30, 2015

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Et may at 18:00, June 26, 2015

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Et may at 18:00, June 26, 2015

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Et may at 17:59, June 26, 2015

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Et may at 17:59, June 26, 2015

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Et may at 17:58, June 26, 2015

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Et may at 17:58, June 26, 2015

2015-06-26T17:58:13Z

Et may at 17:57, June 26, 2015

2015-06-26T17:57:44Z

← Older revision		Revision as of 15:51, June 30, 2015
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	''OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'''' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].		''OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'''' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].
		+	{{wl-publish: 2015-06-30 08:51:30 -0700 \| Aclark:Alison Clark }}

← Older revision		Revision as of 15:51, June 30, 2015
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−	I started my legal career as an itinerant post-conviction litigator, traveling to far-flung counties in Ohio, trying to overturn flawed felony convictions. I primarily appeared in rural courthouses that were surrounded by Civil War statuary and ruled by judges and prosecutors hostile to my client’s goals, if not to me personally. I rarely knew any other lawyers in town and never had the home court advantage. Negotiating with the prosecutor was a non-starter. If my client’s position was legally correct and righteous, I was going to have to wait to bring it up on appeal or in federal court to get any relief. To bide my time I may have reported pictures of Jesus Christ hanging in courthouses to the ACLU. <br />	+	<summary>I started my legal career as an itinerant post-conviction litigator, traveling to far-flung counties in Ohio, trying to overturn flawed felony convictions. I primarily appeared in rural courthouses that were surrounded by Civil War statuary and ruled by judges and prosecutors hostile to my client’s goals, if not to me personally.</summary> I rarely knew any other lawyers in town and never had the home court advantage. Negotiating with the prosecutor was a non-starter. If my client’s position was legally correct and righteous, I was going to have to wait to bring it up on appeal or in federal court to get any relief. To bide my time I may have reported pictures of Jesus Christ hanging in courthouses to the ACLU. <br />

	In retrospect, I would have preferred to sit down with the prosecutor and at least try to negotiate for my client, even from a position of significant disadvantage. Under the circumstances, I learned a lot about appellate procedure, but got very little practical experience in negotiation. Like most defense attorneys, of all the trial skills and writing seminars I attended there was almost no training on negotiating skills. Negotiation classes in law school were the domain of the civil attorneys bargaining for money and contracts. If I had been invited to the table by a country prosecutor, I was on my own. <br />		In retrospect, I would have preferred to sit down with the prosecutor and at least try to negotiate for my client, even from a position of significant disadvantage. Under the circumstances, I learned a lot about appellate procedure, but got very little practical experience in negotiation. Like most defense attorneys, of all the trial skills and writing seminars I attended there was almost no training on negotiating skills. Negotiation classes in law school were the domain of the civil attorneys bargaining for money and contracts. If I had been invited to the table by a country prosecutor, I was on my own. <br />

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 ===== Resources =====
 Helpful books and articles about negotiation skills, and a few specific to the realm of criminal defense:
-*Negotiation Genius by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.
+*''Negotiation Genius'' by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.
-*Getting to Yes: Negotiating Agreement Without Giving In by Roger Fisher and William Ury, (New York: Penguin Books, 1983) – the classic.
+*''Getting to Yes: Negotiating Agreement Without Giving In'' by Roger Fisher and William Ury, (New York: Penguin Books, 1983) – the classic.
 *Donald G. Gifford, “A Context-Based Theory of Strategy Selection in Legal Negotiations,” 46 OHIO ST. L.J. 41 (1985)
-*James A. H. Bell, “Effective Plea Negotiations in a DUI Case Reduced to Practical Principles of Plea Bargaining,” The Champion, April 1994.
+*James A. H. Bell, “Effective Plea Negotiations in a DUI Case Reduced to Practical Principles of Plea Bargaining,” ''The Champion'', April 1994.
 This just grazes the surface of the literature on negotiation.

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 ===== Resources =====
 Helpful books and articles about negotiation skills, and a few specific to the realm of criminal defense:
 *Negotiation Genius by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.

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 ===== Resources =====
 <br />
 Helpful books and articles about negotiation skills, and a few specific to the realm of criminal defense:
 *Negotiation Genius by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.

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 This just grazes the surface of the literature on negotiation.
 <references/>
 ''OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'''' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].

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 RESOURCES
 Helpful books and articles about negotiation skills, and a few specific to the realm of criminal defense:
-• Negotiation Genius by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.
+*Negotiation Genius by Deepak Malhotra and M. H. Bazerman. (Bantam Books, 2007) – developed at the Harvard Business School and is especially well-written and inspiring.
 • Getting to Yes: Negotiating Agreement Without Giving In by Roger Fisher and William Ury, (New York: Penguin Books, 1983) – the classic.
 • Donald G. Gifford, “A Context-Based Theory of Strategy Selection in Legal Negotiations,” 46 OHIO ST. L.J. 41 (1985)

← Older revision		Revision as of 17:58, June 26, 2015
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−	OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].	+	''OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'''' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].

← Older revision		Revision as of 17:57, June 26, 2015
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−	OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article ~~first~~ appeared	+	OCDLA Board Member Tex Clark is a Federal Public Defender in Portland. This article originally appeared in the'' [http://www.ocdla.org/news-defenseattorney-archive.shtml ''June/July 2015 issue of'' The Oregon Defense Attorney ''journal''].