how to negotiate like a lawyer

How to Negotiate Like a Lawyer

1. Evaluate the Opposition. Before you can determine your strategy, it’s important to know who you’re up against. ...
2. Determine Your Approach. Once you’ve gathered information from the other party, you can decide how to approach the negotiation.
3. Know More About Them Than They Know About You. ...
4. Throw Them a Bone. ...
5. Close the Deal. ...

Full Answer

How do lawyers prepare for a negotiation?

Lawyers are taught to prepare thoroughly for any negotiation. If you are going into a conversation asking for something, you want to be able to back up your requests or demands. You also want to know your position clearly. If you fail to prepare, you're preparing to fail.

What is the art of negotiation in law?

The Art of Negotiation: Closing the Deal Unfortunately for lawyers, your job isn’t done just because an agreement has been made. Next, you have to delicately craft the final written agreement, and your negotiation skills will continue to play a large role during this process.

What is a negotiator lawyer?

Law Practice Is Negotiation To practice law is to be a professional negotiator. This is consistent regardless of practice area. If you plan on having a successful and healthy legal career, you will have to hone and constantly improve your negotiation skills.

Do you know how to negotiate effectively?

Negotiation power goes to those who listen and learn. It’s thus critical to ask questions and get as much relevant information as you can throughout the negotiation process. With information in your pocket, you have power. Without it, you ’ll be scrambling. Effective lawyer-negotiators know this well.

How do I do a legal negotiation?

Break the negotiation into parts. ... The "I'm only asking for what's fair" approach. ... The Getting to Yes approach. ... Take control. ... Prioritize, prioritize, prioritize. ... The "offer-concession" strategy. ... Question rather than demand. ... Find points of agreement and end on a positive note.More items...

Can you negotiate without lawyer?

Certainly, a non-lawyer is permitted to negotiate a contract on behalf of an organization without committing the unauthorized practice of law. Non-lawyer business people are free to negotiate contracts on behalf of their organizations and, in doing so, are not practicing law.

How do I ask for a lawyer as a discount?

If you have gathered most or all of the documentation relevant to your case, ask the attorney to lower the contingent fee percentage. Because of the work and time that you have saved the attorney, an attorney may be willing to take your case for a 33% fee rather than a 40% fee.

Are lawyers negotiable?

The fact is, lawyers negotiate constantly. Whether you're trying to settle a lawsuit or attempting to close a merger, you're negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively.

Can I negotiate pain and suffering?

Negotiating the Amount of Your Pain and Suffering Damages After you have valued your claim and have an idea of what type of settlement you should receive, you can start the negotiation process by sending a demand letter to the insurance company with the assistance of your attorney.

How do contract negotiations work?

Contract negotiation is the process of coming to an agreement on a set of legally binding terms (here, we'll focus on negotiation between two companies). When two companies negotiate, both parties seek to obtain favorable terms and minimize financial, legal and operational risk.

How much do lawyers charge per hour?

What are Typical Attorney Fees. Throughout the United States, typical attorney fees usually range from about $100 an hour to $400 an hour. These hourly rates will increase with experience and practice area specialization.

How do you know if your lawyer is selling you out?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

How do you ask for a professional discount in an email?

I am pretty interested in making an order as soon as possible. However, I would like to ask you for a favor and kindly offer us a discount of 7% to complete this transaction by today. I'm looking forward to hearing from you as soon as possible. Thank you for your time and consideration.

Why do lawyers lie?

To Protect a Client. Lawyers sometimes lie to protect their clients. This is especially true in criminal matters where the defendant must be in court.

What makes a great legal negotiator?

They use the Preparation Stage to develop confidence in their own positions, and they use the Preliminary Stage to establish rapport with opponents and positive negotiating environments. They are effective communicators and active listeners, and they have patience and perseverance.

Is it legal to lie in negotiations?

There are thus no legal problems with lying about how much you might be willing to pay or which of several issues in a negotiation you value more highly. Demands and reservation prices are not, as a matter of law, material to a deal.

What is negotiation power?

It’s thus critical to ask questions and get as much relevant information as you can throughout the negotiation process. With information in your pocket, you have power. Without it, you ’ll be scrambling. Effective lawyer-negotiators know this well.

What should opposing counsel convey to opposing counsel?

On the one hand, they should convey to opposing counsel that they are ready, willing and able to take the case all the way through trial. After all, most litigators’ best alternative to settling the case — a critical element of leverage — is trying it.

Do lawyers negotiate?

The fact is, lawyers negotiate constantly. Whether you’re trying to settle a lawsuit or attempting to close a merger, you’re negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively. It’s natural.

Who is your opponent?

Before stepping into a negotiation, lawyers try to understand their opponents inside out. Ask yourself how does your opponent behave? Are they organized or chaotic with their arguments? Is their manner of speaking calm or aggressive? The moment you pin that down for yourself, your own approach will start to develop.

Do you think in context?

Everything you do and plan to do is a part of a bigger picture. In other words, when you try to negotiate a raise, you should be well aware of how much other professionals in the industry make. You can’t just make up random numbers just because you want to. Negotiation strategies always require thorough preparation.

What are your priorities?

Before heading to negotiation you should be clear with yourself about what you want and what you absolutely don’t. Lawyers are famous for not compromising. It doesn’t mean you should always bring the negotiation to a dead end. But what lawyers certainly don’t do is they never give up easily.

Did you do your background check?

Understanding your opponent is not only about their current approach but also about deals they had in the past. If you can find any information about that, good for you. This will help you determine their change in negotiation strategies and just give a better understanding of where they are heading and what your role is in their plans.

Do you have something in common?

Finding points that you both agree on is one of the most crucial negotiation strategies. Actually, that’s the best place to start. Because if you start off at a point that is beneficial to both parties, that’s a negotiation that is less likely to fail. It establishes understanding, sets goals and just isn’t hostile.

Are you trying too hard?

Never talk too much. You might think that conveys confidence but pushing too hard can actually look like a sign of desperation to your opponent. Try to keep listening and talking on an equal level.

Are you flexible enough?

Compromising on minor issues but making those look big is a strategy to go. Creating a situation when your opponent thinks they win but they actually lose, is the top prize all of the mentioned negotiation strategies can reward you with.

What does a good lawyer do?

Even if they’re operating in an advisory capacity (for example, helping you set up a trust, rather than helping you win a lawsuit), a good lawyer walks into every negotiation with every an answer to every imaginable question. Research is at the core of what lawyers do.

Why do lawyers have an advantage?

In short, attorneys have an advantage, because the very nature of their job requires them to become negotiating pros. If you want to duplicate their success, you don’t need to go to law school — you just need to learn how to build a case the way lawyers do. 1. Do your research.

Do lawyers walk into court?

Even if they aren’t going to court, lawyers enter every negotiation with evidence in hand. Law is based on evidence and precedence, so lawyers never walk into court without investigating all the facts and a history of what happened in similar cases throughout history.