Q) Why Must a Lawyer Resign If The Other Side Decides to Go to Court?
A) The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel and the litigants will be totally motivated and committed to ensure that the process is successful. Thus, all participants are equally devoted to crafting the solutions to all of the outstanding issues. The manner in which the negotiation process takes place is positively affected by the certainty that lawyers will never litigate the case. Openness, candor, and cooperation replace guardedness, secrecy, and threats as the techniques most likely to achieve ultimate success. Walking out in anger, or provoking the other side to, ceases to be a viable tactic.
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