Admitting a Weakness as a Weapon: The Strongest Move That Looks Like a Mistake
I told the other side, on the record, that our claim risked partly failing in court. Why that admission made them weigh every further word of mine differently.
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Attorney, partner
The key to reality belongs to those who interpret it.
Jan leads the firm's disputes practice and its business strategy. He represents clients in commercial disputes and criminal matters from the first analysis through to judgment, and wherever a settlement serves the client better than a judgment, he negotiates on their behalf: settlement talks with the other side, negotiations over complex deals and crises, and the preparation and conduct of witness examinations. The disputes and transactions he works on range in value from hundreds of thousands to tens of millions of CZK, including contractual relationships in regulated industries.
For him, negotiating and litigating are a single discipline. He comes to the table with his procedural ammunition ready, and in court he never loses sight of the door to a settlement. He builds his cases on a combination of law and the psychology of decision-making: Kahneman, Tversky, Argyris, Schön and Schein are not on his shelves for decoration but in his arguments.
Nine years behind a radio microphone taught him to say complicated things so that people actually hear them, whether in the courtroom, at the negotiating table or on a recording that may one day become evidence.
The firm offers preparation for a specific confrontation, and the running of it, as a separate service: the War Room.
Outside legal practice he explores the logic of power through social simulations, and he writes books.
Specialisation
Blog
I told the other side, on the record, that our claim risked partly failing in court. Why that admission made them weigh every further word of mine differently.
Read moreBeing right can cost hundreds of thousands and three years of your life. How to assess a dispute as an investment and when a settlement makes more sense.
Read moreThe clock runs in every dispute — but at a different speed for each side. Work out whose asset is decaying and you know when to run and when to sit still.
Read moreNinety minutes of negotiation, the other side nodding along — and then comes \"I'll have to run this past…\". At that moment you discover you have shown your cards, for free, to someone who cannot sign anything.
Read moreAsk a lawyer what an hour of their work costs and watch what happens. Nine times out of ten you will hear \"it depends\". It does — but that is no reason to stay silent.
Read moreCzech law knows no settlement privilege. What you say in settlement talks may one day be read by a judge. A guide to what your sentences will turn into two years later, in a courtroom.
Read moreI paid a stranger up front and got only part of the goods. What I did next, step by step, and why the money came back, which rarely happens to fraud victims.
Read moreA lawsuit is often played as one of four games: with full information, with hidden cards, over resources, or in hope of a six. What game theory says about each.
Read moreClients bring lawyers problems the law cannot solve. Where a lawyer's role ends, and what therapeutic jurisprudence and crisis communication say about it.
Read moreJudges share everyone's cognitive biases, and clients often want something other than what they say. What research shows and what it means for a case.
Read moreWhat if the other side isn't out to win but to destroy you, even at its own cost? What game theory and psychology say about the irrational adversary.
Read moreWhy good lawyers read more than the statute book: what behavioural economics and the Harvard negotiation school say about bargaining and cognitive bias.
Read moreRecent case law shows a party to civil proceedings can ask the court for far more than textbooks suggest. Seven procedural tools that decide cases.
Read moreThe courtroom and the boardroom run on the same principles. Master them, and you win in both.
Read moreOne of the most common questions: will I get back everything I paid my lawyer? Five worked examples showing what you will actually pay and what the court will award.
Read moreWhen a client walks in with an unpaid invoice for twenty thousand crowns, we have two options. Tell them our hourly rate is higher than their entire claim, and send them home. Or help them.
Read moreA lawyer who tells you 'we'll win this' without asking what the victory will cost you isn't doing you a service. They're making themselves a sale.
Read moreA partner breakup is like a divorce, only with a worse contract. Four phases for getting through it without needless damage.
Read moreCourt, mediation or arbitration? Four factors that help you choose the right forum and save time and money.
Read moreFive signs of a good lawyer and three red flags. An insider's perspective the profession would rather keep quiet.
Read moreLimitation can be a strategic weapon, a trap or a negotiating lever. It depends on which side of the dispute you stand.
Read moreLet's work it out
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