Who makes the first move within the brackets is also a really important point.  I usually make the plaintiff make the first movie within the brackets then, and I tell ‘em that up front.  “Once we get to the brackets, if you agree to ‘em, I really think you should make the first move within the brackets.”

But sometimes it’s a point of contention.  They say, “No.  I made the last move before, so I want the defendant to make the first move.”  So, that’s a point of negotiation.  And if they don’t agree, there’s no brackets.