The theme of tonight’s Negotiation and Settlement class was basically this joke our prof told us:
The medical center has decided to use lawyers, instead of rats, for their experiments.
There's more of 'em.
You don't get as attached to them.
And there's somethings even rats won't do!
The, fake, case we were working on involved a candy shop owned by a 70 year old woman and a big corporation that wanted to buy it. I was on the corporation side. While we are reading through this we found out that our company wanted to bulldoze the candy shop and put up an office building but since the old lady would most likely raise the prices to prohibitive levels if she knew that was our intent we were told we could tell her we were going to turn it into Tom’s Candies. Tom’s Candies being a shell company that was created for the purpose.
My first reaction was oh my god this is slimy! No way am I doing that. My partner agreed and when we went into the negotiations we were pretty upfront about what our client intended to do with the property. We really didn’t care because it is all fake anyway. We talked for a while they offered to sell, we both put out some numbers and never reached an agreement. After it was all over we were telling our opposition about what our fact pattern said and it turned out that their fact pattern said that the building was about to be taken under by eminent domain in 2 years anyway! They did not tell us and were going to sell for a few million anyway. So like they said, they had decided not to take the high road like we did.
When I got back to class and we are all discussing it I learned that most of my classmates did not “take the high road”. I was like holy shit guys you are going to screw over this old lady?! Yeah I guess they are.
But then the prof started talking and he was throwing around words like ethics and FRAUD and malpractice and I think all the non-high road takers learned a lesson there. Maybe they thought since it was just fake they wouldn’t care what they did but I couldn’t even bring myself to lie for pretend.
I don't know if I want to work with these people...