Tag Archives: Lawyering

Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants

Recently, I did a post about a new book that Forrest (“Woody”) Mosten co-authored about unbundled legal services. Woody just sent me a link to a podcast conversation he had with our friend, Dr. Julie Macfarlane, the director of the National Self-Represented Litigants Project (NSRLP).  In this podcast, entitled “Back to the Future of Legal … Continue reading Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants →

Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation

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This post describes CLE presentations I gave for the Texas Bar.  It provides material for participants at the program and is another illustration of how people can use the Stone Soup Project idea of using continuing education programs to produce and share knowledge about actual practice. I previously tested this approach in two days of … Continue reading Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation →

For Pragmatic Romanticism

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I had the good fortune to be one of Marc Galanter’s students when I was in graduate school.  As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship.  I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism →

Stone Soup, Reflective Practice, Action Research, and Social Justice

Some questions for law professors:  Why did you go to law school?  Why did you decide to go into academia?  What do you want to accomplish in your work?  What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice →

Mosten and Scully’s New Book on Unbundled Legal Services

I have known Forrest (Woody) Mosten for quite a while.  He co-authored several articles on collaborative law with me, putting him at risk of tarnishing his stellar reputation.  We also co-authored an article, Family Lawyering:  Past, Present, and Future.  Much more significantly, Woody is known as the “father of unbundling” (as well as being a … Continue reading Mosten and Scully’s New Book on Unbundled Legal Services →

Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation

We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives.  This includes the negotiators themselves.  We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation →

Kiser’s Soft Skills for the Effective Lawyer

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I was really pleased to meet Randall Kiser at last year’s ABA conference.  I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations.  The top-line finding was that in 85.5% of cases, parties went to trial … Continue reading Kiser’s Soft Skills for the Effective Lawyer →

Dealing with Causes as Well as Symptoms of Law Students’ and Lawyers’ Lack of Well-Being

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The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being:  Practical Recommendations for Positive Change. It’s a thoughtful, constructive effort to address problems that lawyers face in practice and to promote their well-being.  It deals with serious issues including substance abuse, mental health problems, and suicide.  It includes recommendations … Continue reading Dealing with Causes as Well as Symptoms of Law Students’ and Lawyers’ Lack of Well-Being →

2017 Securities Dispute Resolution Triathlon

From WFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the ninth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The triathlon is the first and only competition to … Continue reading 2017 Securities Dispute Resolution Triathlon →