Litigation & Appeals

4.31

Top 10 Negotiating Mistakes Litigators Make

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 56 minutes
J. Bertram Levy
Michael Vescio
Lawrence Drabot
Joshua Offenhartz
Jena Emory
Robert Foster
With J. Bertram Levy from Cohan & Levy + 5 others
Recorded April 20, 2026.
Product ID 101697

Buy This Course

Course Includes
$429

OnDemand Video

Course Book Download


or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

Overview

Avoid Pitfalls and Improve the Outcome of Your Negotiations

Have you ever had a hard-won agreement fall apart or left money behind on the negotiating table? Have you ever lost your advantage in negotiations due to a few simple mistakes? Identifying and eliminating your negotiating weaknesses goes a long a way toward improving case results. In this program, fine-tune your skills and learn how to avoid the top ten key mistakes lawyers make when negotiating. Register today!

  • Arm yourself with all the ammunition you need to gain and maintain leverage.
  • Avoid giving away information that can be used against you.
  • Avoid falling prey to negotiating tactics by cunning opposing counsel.
  • Learn how to take advantage of your opponent's cognitive biases.
  • Look for opportunities to pursue creative, outside-the-box solutions.
  • Remove ineffective techniques from your negotiating arsenal.

Abbreviated Agenda

  1. Being Unprepared; Not Knowing Case Facts, Client Needs, and Your Adversary
  2. Missing Opportunities to Gain Leverage and Control the Agenda
  3. Failing to Recognize (and Strategically Address) Your Side's Weak Points
  4. Demand, Offer, and Concession Pitfalls to Avoid
  5. Ineffective Negotiation Styles, Tactics, and Execution
  6. Not Using Cognitive Biases to Your Advantage - Framing, Anchoring, etc.
  7. Agreement and Release Landmines
  8. Failing to Think Outside of the Box (Be Creative)
  9. Falling Prey to Negotiating Tricks
  10. Inflexibility and Mistakes When Dealing With Deadlock
  11. Negotiation Ethics: Staying Effective and Professional
Product ID 101697

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Being Unprepared; Not Knowing Case Facts, Client Needs, and Your Adversary

  2. Missing Opportunities to Gain Leverage and Control the Agenda

  3. Failing to Recognize (and Strategically Address) Your Side's Weak Points

  4. Demand, Offer, and Concession Pitfalls to Avoid

  5. Ineffective Negotiation Styles, Tactics, and Execution

  6. Not Using Cognitive Biases to Your Advantage - Framing, Anchoring, etc.

  7. Agreement and Release Landmines

  8. Failing to Think Outside of the Box (Be Creative)

  9. Falling Prey to Negotiating Tricks

  10. Inflexibility and Mistakes When Dealing With Deadlock

  11. Negotiation Ethics: Staying Effective and Professional

    1. Avoiding Conflicts of Interest
    2. Managing Client Expectations and Keeping Them Informed
    3. Valid Strategy vs. Negotiation Misconduct
    4. Rule 4.1: Truthfulness in Statements to Others
    5. Posturing vs. Puffery vs. Misrepresentation
    6. Use of Condescension and Coercive Methods
    7. Exploring Hypothetical Scenarios

Who Should Attend

This program is designed for attorneys.

Speakers

J. Bertram Levy
J. Bertram
Levy
Cohan & Levy
Michael R Vescio
Michael R.
Vescio
Amundsen Davis LLC
Lawrence J Drabot
Lawrence J.
Drabot
Ratzel & Associates, LLC
Joshua C Offenhartz
Joshua C.
Offenhartz
Offenhartz Law PLLC
Jena G Emory
Jena G.
Emory
Taft Stettinius & Hollister LLP
Robert J Foster
Robert J.
Foster
Reger Rizzo & Darnall LLP
Speaker bio
J. Bertram Levy

J. Bertram Levy

Cohan & Levy
J. Bertram Levy

is a partner at Cohan & Levy. He has more than 30 years of experience in representing national, regional, and local businesses and their owners in addition to other organizations and associations. He began his career at the Atlanta law firm of Johnson and Montgomery where he handled general civil litigation, minority shareholder disputes, Chapter 11 Bankruptcy reorganizations for real estate developers and appellate work. Through the firm's representation of a local government, he also litigated civil rights claims, land use and condemnation issues and conducted over 20 jury and bench trials of property tax challenges as lead attorney within the first three years of his practice. He then practiced with Louis Cohan at Weinstock & Scavo, P.C., before leaving to oversee all commercial litigation at Fine and Block where for 14 years he helped businesses and business owners resolve ownership, management and contractual disputes, restrictive covenants, insurance coverage challenges, construction litigation, commercial and multifamily property management issues, and guided compliance with federal, state, and local laws affecting property management and development. He earned his A.B degree from University of Georgia and his J.D degree from University of Georgia School of Law.

Speaker bio
Michael R Vescio

Michael R. Vescio

Amundsen Davis LLC
Michael Vescio

is a partner at Amundsen Davis LLC. His practice includes legal and professional malpractice defense, insurance coverage, appellate practice and complex civil litigation matters. An active member of the defense bar, Mr. Vescio occasionally appeared for amici in appellate proceedings to facilitate the thoughtful development of jurisprudence in state of Wisconsin. He earned his H.B.A. degree from Marquette University and his J.D. degree, cum laude, from Marquette University Law School.

Speaker bio
Lawrence J Drabot

Lawrence J. Drabot

Ratzel & Associates, LLC
Lawrence Drabot

is an attorney with Ratzel & Associates, LLC. He concentrates his practice in the areas of products liability, construction litigation, motor vehicle accidents and premises liability, as well as insurance coverage disputes. Mr. Drabot has successfully defended and tried lawsuits in Wisconsin and Illinois, and has participated in numerous mediations and arbitrations, as both an attorney and an arbitrator. He has made presentations on various legal topics including multi-jurisdictional practice, mold litigation, insurance issues, construction litigation, trucking litigation, discovery and depositions, and trial preparation. Mr. Drabot is a member of the State Bar of Wisconsin, Illinois State Bar Association and Wisconsin Defense Counsel. He earned his B.A. degree from the University of Notre Dame and his J.D. degree from The John Marshall Law School.

Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Offenhartz Law PLLC
Joshua Offenhartz

is an attorney with Offenhartz Law PLLC. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council, and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona, and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

Speaker bio
Jena G Emory

Jena G. Emory

Taft Stettinius & Hollister LLP
Jena Emory

is an associate in Taft Stettinius & Hollister LLP's Commercial, Class Action and Product Liability Litigation practices, with a specialization in insurance coverage. She brings extensive experience and a proven track record in handling complex legal matters, drafting legal documents, and representing clients in complex insurance coverage and general liability cases. Additionally, Ms. Emory has experience managing cases solo in both the Superior and Magistrate courts and drafting motions including complex federal jurisdiction. Jena currently serves as the programming manager for the Young Lawyers Division and co-chair of the Young Advocates Committee for the Litigation Section of the American Bar Association. She is also the former Newsletter co-editor for the Young Lawyers Division of the State Bar of Georgia, where she played a crucial role in distributing important legal updates and supporting the professional growth of fellow attorneys. Additionally, Ms. Emory is a 2020 graduate of the State Bar of Georgia's YLD Leadership Academy. She earned her J.D. degree from the University of Georgia School of Law and her B.S. degree, magna cum laude, from the University of South Carolina.

Speaker bio
Robert J Foster

Robert J. Foster

Reger Rizzo & Darnall LLP
Robert Foster

is a Partner at Reger Rizzo & Darnall LLP, where he represents clients in a wide range of complex litigation, including class actions, shareholder disputes, unfair competition, Lanham Act claims, insurance coverage and bad faith, professional liability, and personal injury matters. He also has extensive appellate experience and has served as amicus curiae for leading organizations such as the Pennsylvania Trial Lawyers Association. In addition, Mr. Foster regularly advises companies on indemnification, licensing, trademark, and copyright issues. Mr. Foster has also taught as an adjunct professor at Drexel University's LeBow College of Business and, from 2001 to 2018, at Temple University, where he taught Legal and Ethical Issues in Sports and Recreation. He has been certified by the NFL and NBA Players Associations as a player representative, negotiating marketing deals for athletes and companies, advising professional teams, facilities, and organizations on risk management, and providing counsel to writers, musicians, and athletes nationwide. He has also written and spoken extensively on liability issues in amateur and professional sports. In addition to his litigation and teaching work, Mr. Foster serves as Judge Pro Tempore with the Philadelphia Court of Common Pleas, where he acts as a settlement master. He frequently serves as an arbitrator, often as chairperson, and has been appointed Special Master at the request of the Court. A frequent CLE presenter, Mr. Foster lectures on topics such as indemnification agreements, subrogation and liens, legal research and writing, technology, discovery, insurance disputes, and the Fair Share Act. He also moderates an annual Judicial Forum on litigation techniques, featuring judges from across the Philadelphia region.

Loading recommendations...

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 7 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us