Negotiating

One thing surprised me the most in my first one to two years of practice: how much litigators negotiate.

I did not take a negotiations class or clinic in law school. I did not join the negotiations team.

Obviously: this is part of the job. I just didn't give it much thought until I was in it, doing it.

When negotiating--with or for my client, with or against opposing counsel--I try to do these things:

🟢 Prepare--gather all key information and documents, review them, identify gaps, etc.

🟢 Ask questions and know your client's goal(s)--check on them periodically, as sometimes the goals change over the life of the matter.

🟢 Anticipate strengths and weaknesses--in your position and in the other side's position.

🟢 Be human--rapport, reason, and normalcy can go a long way in making a negotiation go smoothly.

🟢 Be yourself--clients, mediators, judges, opposing counsel, and opposing parties all know when you're faking it or trying to be something you're not.

🟢 Actively listen--I'm the queen of note taking. Even if I never use the notes, writing things down helps me listen and stay present. Listening also helps me know when to sit back and let the client take the lead or when to step up and be more assertive.

🟢 Be patient and flexible. Negotiations almost always take much, much longer than you think (and longer than the client will want them to take).

🟢 Be willing to be creative.

🟢 Have a hierarchy of potential outcomes.

🟢 Know when to walk away--even if just for a breather.

🟢 Paper everything every step of the way.

In a negotiation, there's often no winner or loser. Compromise requires both sides to give a little, which can cause heartburn on both sides.

If you focus on your client's goals and your client's best interests, you'll likely find success and build strong relationships with everyone involved along the way.

#lawyerwellbeing #bestadvice #strategy #law #gettingthingsdone