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My attorney's 'just smile and nod' advice backfired in mediation

Last January in Cleveland, my lawyer told me to keep quiet during a settlement conference because the opposing counsel loves to talk. I followed his advice for two hours, nodding along while their side spun a story that made my company look like the villain. Turns out the mediator took their narrative as fact and pushed a number that was $120k below our bottom line. I finally spoke up after my attorney's third note telling me to stay silent, and the whole tone shifted. My takeaway: sometimes the 'experienced' playbook is just lazy. Has anyone else had outside counsel's standard advice blow up mid-negotiation?
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ryanburns
ryanburns28d ago
Did your attorney ever explain why he told you to stay quiet, or just blame you for the outcome?
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