Quote:
Originally posted by sebastian_dangerfield
I think most people overprepare and script their arguments or negotiations, so that when they should be listening to what the judge or other side is saying, they're instead planning their next comment. Judges are acutely aware of this, and I think it offends them. It also wastes time.
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Corporate deals are different because there is no Judge. It's just who's client blinks first; see Thurgreed's client, who says take it or leave it.
The only time when litigation gets like that is when you're doing the detail of a settlement agreement, and both sides have bought into "its over." It is often apparent puffery to say "this is a deal breaker" when you're talking about some secondary point.
Ain't nobody going to tell the client he's back in court so that we get the "admission that D was wrong" or some other detail.
