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Good day, my name is Brandon. I am a licensed attorney. There are several different negotiating styles, and there are certainly some attorneys who will make a low offer just to see if the other side will bite. The other side's low offer gives absolutely no insight whatsoever into their view of the strength of their case.Personally, when there is an unreasonably low offer from the other side, I won't make a counter-offer. I do this to send the signal that I'm not willing to settle unless there's a serious proposal on the table. Good attorneys can't disagree with that tactic.If you are intent on avoiding court, that will show through in your negotiation. Plenty of cases are settled on the morning of trial. It's entirely possible that the others side will reject your offer and take it to court, only to counter just before trial starts.It must be kept in mind that if it was possible to know what the other side will accept in a settlement negotiation, the negotiation wouldn't take place at all. Each side has to decide what they're willing to offer, what they're willing to accept, and then go to trial if those terms aren't met.
Please let me know if further clarification is needed, and please leave a rating once you are finished (it is the only way I am credited). Thanks.
One final comment: whether to make a counter offer is ultimately the decision of the client. It is entirely appropriate for an attorney to make his/her recommendation with regard to settlement, but the attorney should be able to articulate the reasoning behind the recommendation. I hope that this helps.
I am a tenancy lawyer, but I'm not in North Carolina. If it makes you feel any better, there's literally no variation across jurisdictional lines when it comes to negotiations.The negotiation of settlements process isn't governed by state law or any law, so I'm not sure that I understand the question as it relates to the standard behavior for such a case?