Criminal Defense of Immigrants

(A)  In General.  Counsel would be well-advised to learn something about the modern practice of negotiation, as much has been learned in recent years that can be applied to the negotiation of criminal cases.[32]  The “anatomy of a negotiation”[33] is now thought to include seven elements:

                (1)  Relationship.  The recommendation is to: “Build rapport and a good working relationship with fellow negotiators.  Work together side by side.”

                (2)  Communication.  Experts advise counsel to “[b]uild easy two-way communication.  Inquire, listen, be worthy of trust.  Avoid fuzzy promises.”

                (3)  Interests.  “Respect the interests of others.  Understand and disclose your own interests.  (You need not disclose how highly you value what you want.)”

                (4)  Options.  “With no commitment, jointly brainstorm possible ways of meeting legitimate interests of both.”

                (5)  Legitimacy.  “Look for and request external standards of fairness that will be persuasive to both.”

                (6)  Best Alternative to Negotiated Agreement.  “Consider your walk-away alternative as well as theirs.  Recognize that any agreement must be better for both than walking away without an agreement.”

                (7)  Commitments.  “Draft fair and realistic commitments that each side could make.”

[32] E.g., R. Fisher & W. Ury, Getting to Yes: Negotiating Agreement Without Giving In (Harvard Negotiation Project, 2d ed., 1991); R. Fisher & W. Ury, Getting Together: Building Relationships as We Negotiate (1989).; R. Fisher & D. Ertel, Getting Ready to Negotiate: The Getting to Yes Workbook (1995).; R. Fisher & D. Shapiro, Beyond Reason: Using Emotions As You Negotiate (2005); L. Thompson, The Mind and Heart of the Negotiator (3d ed. 2005); M. Moffitt & R. Bordone, The Handbook of Dispute Resolution (2005).

[33] R. Fisher & D. Shapiro, Beyond Reason: Using Emotions As You Negotiate 206 (2005).