Ever wonder why we talk about “cutting a deal”?

“Hey! Let’s cut this deal and go home!”

“Those guys finally cut a deal!”

You will never see the story I am about to tell on the Hallmark Channel.

The Texas Rule Against Perpetuities is the law that limits the duration of a trust. For years, you could only provide that a trust stretch to “21 years after a life in being.” Generations of law students have scratched their heads over that one. As of 9/1/21, that will change and trusts can now last for 300 years.

In his excellent book on hostage negotiation, “Never Split the Difference,” Chris Voss describes a method of negotiation, which he attributes to Mike Ackerman, “an ex-CIA type.” I have been using variations of it effectively for years.

For those interested in parenting facilitation or parenting coordination, let it be known that last fall, Children in the Middle (Aaron Robb and Bradley Craig) put me through their boot camp and certified me as qualified to offer these services.

Dr. J is involved in a high-conflict divorce. He has a modest but somewhat complex estate, two children of his marriage, one from a prior relationship, a wife who is mad as a fire ant, and a lawyer he is not sure about.

Presented to the Dallas Bar Association “How to Become and Stay a Successful Mediator: Personal Experiences and Lessons Learned” on September 25, 2018

Voss begins Never Split the Difference with a great anecdote about his going to Harvard, the Mecca of Negotiation study, armed with his own theories, which have been tested in real time.

Two drafting tips for my colleagues:

Tip #1: Re drafting orders appointing receivers to sell real estate after divorce:

For readers who are members of the Negotiation Study Group on Facebook, I invite you to join me in a bit of self-study.

One thing I would like to do with this group is to select books to study and share comments on FB.

Most of us middle class types, endangered species though we may be, love our heirs but may not understand that if we spend a few hundred dollars on estate planning, we can save our heirs thousands.

As a litigator since 1980 and a mediator since 1991, I have consistently noticed that many of my colleagues do not appreciate how litigation tactics and negotiation tactics interrelate.

Almost 40 years, I’ve been practicing law in Texas. A natural right, if not inclination, to pontificate follows. Eldering does that.

I have represented grandparents seeking rights to see their grandchildren for many years.

It was not until I became a grandparent, however, that I began to appreciate the effect of our current laws and how:

Most of us do.

The law divides the universe of assets into “probate assets” and “non-probate assets.”

Probate assets typically have titles

Chock full of unbelievable anecdotes, Richardson shares his persuasive methods with a healthy dose of humor and some good gossip about his relationship with the Clintons.

Simply put, a will is a legal document intended to state how your property will pass upon your death.

It’s “revocable,” which means that you can revoke or change it anytime you want (until you lose your mind or die).

This is for my friends, neighbors, and clients who are fellow members of the middle class.

Kissinger’s opinion of Sadat: “His negotiating tactic was to never haggle over detail but to create an atmosphere that made disagreement psychologically difficult.”

Problem: In 1982, a violent drug dealer takes his sister and her two small children (ages 4 and 9 months) hostage on a train.

Day 8 exemplifies how time impacts negotiations and what overconfidence bias looks like in real time.