Abstract

This article provides an insight into the role that lawyers play in commercial disputes. To do this it focuses on data drawn from a study of reservation of title claims,' the legal background to which is given below. The central issues raised are the importance for the lawyer of creating a negotiating identity within the disputing process and how this is achieved. These issues are illuminated by an examination of negotiation tactics and practices of lawyers, an analysis of what effective inter-lawyer negotiation is and the effect that this has on lawyer/client relationships.

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