Master Negotiators Know Their Audience

Are your attorneys tailoring their strategy to their REAL audience, or are they applying the same nonstrategic approach to every case, overlooking MAJOR opportunities in the process?

The Disruptive Lawyers at Cruser Mitchell know how to quickly identify the true audience in a negotiation, and craft strategies will deliver win-win resolutions.

We don’t just go through the motions, using the same ancient playbook for every case.

We negotiate strategically, getting to solutions neither party can refuse.

Take a look at the story below for an example—when we spoke to the needs of our audience, we got to a settlement that saved our client massively on legal fees and indemnity.

Do your lawyers have the skill set to negotiate strategically, speaking to your audience’s needs, or are they Dinosaurs?

Let’s disrupt something.

Bill

MASTERS OF NEGOTIATION

92% of all cases settle—but when?

Join me for Cruser Mitchell’s Masters of Negotiation series and come away with the skills you need to save legal fees and indemnity by creatively and efficiently resolving cases.

The Fall Masters of Negotiation Series began September 6, 2023, but it’s not too late to register.

September 6 — Playing Chess Instead of Checkers: A Strategic Approach to Negotiation
September 20 — Soft Skills of a Master Negotiator
October 4 — The Leverage Point of Plaintiff’s Needs
October 18 — The Leverage Point of Collectability
November 1 — The Theatre of Mediation
November 15 — Identifying the 1% that will Go to Trial as Early as Possible

Disruptive Lawyers Speak To Their TRUE Audience

One morning, a Disruptive Lawyer received a call from a claims adjuster with a long-time insurance client. The adjuster told the Disruptive Lawyer that she was hoping he may be able to help her insured get out of a messy claim in San Diego. 

The young adjuster seemed anxious, and shared that she had retained a reputable (and expensive) firm that specialized in aviation law and airplane accidents—the underlying claim involved a downed Cessna P210 airplane, in which the pilot died and the resulting wildfire caused property damage to over 40 claimants. While that law firm was an expert in aviation law, it was becoming clear that this case demanded a different expertise. 

The deceased pilot had a $1 million insurance policy and no other assets. The insurer took the position that even $1 million—itself not nearly enough to answer for all the claims—was not available. The insurer had filed a complaint for declaratory relief against the pilot’s estate alleging that no coverage existed because the deceased pilot had not satisfied the Pilot Warranty provisions in the policy by obtaining the proper flight training from a manufacturer-approved flight school. The estate, in turn, filed a complaint against the insurance broker that obtained the airplane policy, alleging that if the insurer ultimately prevailed on its declaratory relief complaint, the broker should be liable for having failed to advise the decedent pilot about the Pilot Warranty provision. The estate offered to all claimants an assignment of its rights against the broker in exchange for their respective releases, but none of the claimants (most unrepresented by counsel) understood the intricacies of insurance, let alone the claims asserted against the insurance broker, and so declined the assignment offered by the pilot’s estate.

The adjuster explained that there was a mandatory settlement conference in the federal district court the following Tuesday, and that she had little faith that there would be resolution to the numerous claims. Nonetheless, she asked the Disruptive Lawyer to “helicopter in” on behalf of the insurer and see if there was a way to resolve the claims—and, if possible, save some of the broker’s $1 million E&O policy limit. 

Given the number of claimants, the conference was chaotic. The Disruptive Lawyer noted that the numerous claimants were unkempt, were dressed far too informally for court, and were speaking out of turn as to their respective grievances about the process taking too long. It was clear that the Judge had his hands full, so the Disruptive Lawyer asked if he could speak to the Judge privately in chambers. Request granted, the Disruptive Lawyer asked if he could present to the numerous claimants a proposal that might resolve their claims. The Judge expressed his sentiment that the issues were too numerous and too complex to likely yield a fruitful resolution that day, but he was happy to let the Disruptive Lawyer try. 

The Disruptive Lawyer went back to the courtroom and stood before the gallery. He asked that everyone quiet down as he had some money to give away. The Disruptive Lawyer explained to the claimants that he was sent by an insurance company that insured the insurance broker that sold the airplane policy to the pilot who crashed his plane and damaged their property. Needless to say, there was a lot of confusion among the claimants as to why the Disruptive Lawyer was speaking to them and how his involvement in any way affected their claims against the pilot’s estate. 

The Disruptive Lawyer continued, “A pilot crashed his plane and the ensuing wildfire caused damage to your property. As you know, the pilot had no money and the pilot’s insurer states that there is no coverage because the pilot did not comply with the terms of his insurance policy. I cannot tell you whether the insurer is right or wrong. What I can tell you is that the insurer has a big, expensive law firm fighting for it and they are getting paid handsomely. They have no incentive to settle your claims today, or anytime in the near future. As such, in a year or two when this gets to trial, even if you win, each of you will be fighting for some small portion of what remains on that insurance policy. 

“I have a better proposal for you. The insurance broker is willing to pay to you $5,000 each today, in exchange for a release of your claim against the pilot’s estate. For some of you, this amount may seem too low, but remember that you may not otherwise get anything, and, even if you do get something, it won’t be for a while. This will end this saga and put money in your pocket right now. If you wish to take me up on my offer raise your hand.” Eight hands shot into the air, followed by ten more, and then every hand in the house went up!

By the end of the day, the Disruptive Lawyer had obtained a release from all claimants and, in turn, a release of the broker from the pilot’s estate. All for $200,000 (40 claimants, $5,000 settlement to each). 

Cost of defense budget going forward from defense counsel: $400,000 

Cost of Disruptive Lawyer time: $3,600 

Cost of settlement: $200,000 

Savings to insurer (even if broker obtained a defense verdict at trial): $196,400

Want to learn more about how hiring a Disruptive Lawyer can help you save on legal fees and indemnity? Sign up for the Masters Of Negotiation webinar per the link above!

The Disruptive Lawyer’s Tequila Corner

Most people think of tequila as a refreshing summer drink (or a drink from their foggy college days!). But it’s great paired with everyone’s favorite fall flavors. Let’s talk about a couple recipes that are perfect for the season.

First up is the Marigold Mule, a Día De Muertos twist—marigolds are a traditional decoration—on the classic Moscow Mule. You’ll need:

• 1.5 oz of blanco tequila

• .5 oz of St. Germain

• .75 oz of lime juice

• 3 oz of ginger beer

Combine with ice in a highball glass, then garnish with lime zest and marigold flowers.

Next is the Manzanasada, a drink that layers the smoky flavors of mezcal with apple cider. You’ll need:

• 1 oz of blanco tequila

• .5 oz of mezcal

• 1.5 oz of apple cider

• .75 oz of lemon juice

Shake with ice until chilled, then strain into a Collins glass rimmed with sugar, cinnamon, nutmeg, and chile powder. Top with ginger beer and garnish with dried apples.

Cheers!

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