ABSTRACT

A lobbyist is a hired gun. One failed negotiation would end a hired gun's career; several failed negotiations can end a lawyer's career. The motivations of lawyers and lobbyists are similar, but the behaviors of the two are strikingly different. Lawyers and lobbyists are alike in terms of their motivations. During environmental negotiations, the lawyer's main offensive weapons are arrogance and aggressiveness. The arrogance and aggressiveness of the opposing lawyer can be infuriating, particularly to the uninitiated. In reality, most lawyers know almost nothing about environmental issues. In addition to being arrogant, lawyers are often stubborn and inflexible negotiators. Lawyers rival environmental activists in the practice of taking a position in negotiations and then not changing from that position. Lawyers and environmental activists both appear stubborn and inflexible during negotiations. Lawyers begin their negotiations with arrogance and with aggressiveness; lobbyists start their negotiations with humility and with warmth.