THE POWER OF QUIET IN BUSINESS AND THE LAW

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THE POWER OF QUIET IN BUSINESS AND THE LAW Eugene Killian, Jr., Esq. The Killian Law Firm, PC (Iselin) Carl A. Salisbury, Esq. Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC (Scotch Plains) WGEN027517

2017 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520.

Thank you for logging in. We will begin shortly. THE POWER OF QUIET IN BUSINESS AND THE LAW

EUGENE KILLIAN, JR.,ESQ. PARTNER, THE KILLIAN FIRM, P.C (ISELIN) 2

CARL A. SALISBURY, ESQ. BRAMNICK, RODRIGUEZ, GRABAS, ARNOLD AND MANGAN, LLC (SCOTCH PLAINS)

Using The Online Classroom 1. All Attendee phone lines are muted. 2. Questions may be submitted Via Chat on the right hand side of your screen. Questions will be answered periodically during the presentation Note: Attendees with dial up connections will see a slower response.

Asking Questions Easy as 1,2,3 3. See your messages here 1. Type your question here. 2. Send

Technical Difficulties?? If you experience technical difficulties during today s webinar, please hit *0 and an operator will assist you

ATTENDANCE VERIFICATION PLEASE FAX OR E-MAIL YOUR ATTENDANCE VERIFICATION FORM TO NJICLE FAX: 732-249-1428 E-MAIL: smilek@njsba.com

SEMINAR MATERIALS AND CLE FORMS TO ACCESS SEMINAR MATERIALS, ATTENDANCE VERIFICATION AND CLE FORMS PLEASE GO TO THE LINK THAT WAS E-MAILED TO YOU TODAY.

What is true power? 9

The power of quiet determination 10

Examining the dynamics of effective communication 11

Implications for Groupthink : The myth of Twelve Angry Men 12

Examining the dynamics of effective oral advocacy 13

Examining the dynamics of effective written advocacy: Quieting your writing 14

MCLE CODE PLEASE RECORD THIS CODE ON YOUR AFFIRMATION FORMS: SILENCE266

The effective use of quiet energy in negotiation 16

The interplay of game theory with the power of silence (the tit-for-tat approach) Always begin cooperatively Always match an aggressive move with a proportionately aggressive move If your negotiating partner goes back to cooperative mode, you go back to cooperative mode Rinse and repeat Does this method work for introverts/quiet personality types? 17

The power of silence in advising clients 18

The tactical use of silence to get what you want 19

Pulling it all together: The Power of Quiet 20

Thank you Thanks to our speakers for presenting today s program. Please remember to sign your affirmation form and either fax or e-mail it to ICLE: Fax: 732-249-1428 E-Mail: smilek@njsba.com

Eugene Killian, Jr., Partner Admitted to the Bar in New Jersey and New York, Gene Killian has repeatedly been named one of New Jersey's "Super Lawyers" by New Jersey Monthly magazine, as well as one of the Best Lawyers in America. He is rated "AV" by Martindale-Hubbell. U.S. News and World Report has named him one of the leading lawyers in New Jersey in the area of insurance law. He is a Senior Fellow and New Jersey Co-Chair of the LITIGATION COUNSEL OF AMERICA, an exclusive organization of elite trial attorneys. In addition to insurance law matters, Gene also helps clients facing employment law and complex commercial litigation issues. In 30 years of practice, Gene has served as trial counsel in numerous important cases, including Universal-Rundle Corp. v. Commercial Union Ins. Co. (redefining the parameters of insurance coverage for environmental matters), New Jersey Manufacturers v. Flemington Fur (establishing insurance coverage for allegations of workplace harassment), and LaSalle National Bank v. Koziol (enforcing liquidated damages provisions in commercial loan documents). He frequently serves as a Court-approved mediator. In the recent past, he s won two major jury trials - one relating to malpractice by an environmental engineering firm, and the other involving insurance coverage for serious hail damage to an apartment complex.

He has structured complex settlements in a variety of business disputes, including insurance matters and other commercial contract cases. He obtained his bachelor's degree cum laude from the University of Chicago in 1982, and his law degree from the University of Michigan in 1985. He serves as the President of the University of Chicago Club of New Jersey. He is a member of the New Jersey, New York and American Bar Associations. Contact ekillian@tkfpc.com 732-912-2100 732-912-2101 555 Route 1 South Suite 430 Iselin, NJ 08830

CARL A. SALISBURY Location: Scotch Plains, New Jersey Phone: 908-322-7000 Fax: 908-322-6997 E-mail: E-mail Me Areas of Practice Insurance Coverage for Policyholders Complex Commercial Litigation Trade Secrets and Unfair Competition Employment Carl A. Salisbury has a national reputation as a policyholder lawyer and has devoted more than twenty-five years of his professional practice to the representation of policyholders in claims against their insurance companies. He is AV rated by Martindale-Hubbell and has been listed in The Best Lawyers in America for Insurance Law from 2006 to the present. In coverage cases in which Mr. Salisbury has served as counsel for policyholders, they have recovered over a billion dollars in insurance proceeds. He has represented Fortune 500 companies, small and middle-market businesses, government bodies, and individuals in complex insurance disputes, as well as in contract, trade secrets, and employment matters. Mr. Salisbury received his undergraduate degree in History, magna cum laude, from the University of New Hampshire and his law degree from the Wake Forest University School of Law, where he was Managing Editor of the Wake Forest Law Review. He served as a Judicial Clerk for the Hon. Reynaldo G. Garza of the United States Court of Appeals for the Fifth Circuit before entering private practice.