The ability to be an expert negotiator is essential for lawyers. You will need to negotiate fees and payments with clients, with the ‘other side’ regarding terms, contracts and offers, with colleagues who assist your research or cases, and your employer about wages or promotions.
And, while it might be considered a skill we should all know how to do from an early age (we all remember bargaining with our parents about watching a certain TV show, or staying up past our allocated bedtime), it is not necessarily a talent that comes naturally to many of us in later life.
We still need to master how to negotiate with the kids about doing their homework, whose turn it is to unload the dishwasher, or with our significant other about where to live, and when to get married.
Negotiating is a skill for life – but it’s not always a natural, easy task. We generally learn how to do it through trial and error, what works or what doesn’t. It’s not taught at law school, yet it is an incredibly valuable tool.
So, how do you become a skilled negotiator? There are certain techniques that can be utilised to assist you when negotiating, and the best can be found here:
Preparation
Being prepared is key to successful negotiating. Knowing your subject so that facts, figures and particulars are instantly at your fingertips will instil self-confidence and give you an advantage. Enter all negotiations with clear objectives, having researched the requirements of the other side of the table, and be ready to discuss all outcomes.
Client knowledge
Awareness of your client, their business, requirements, and expectations will ensure you can give valuable advice that is heeded. Discuss settlements, ultimate positions or options, well in advance of negotiations with opponents. Communicate concisely and clearly, checking that clients are confident and satisfied prior to the negotiation.
Opponent Awareness
Negotiating is generally a two-way street with give and take on both sides. An awareness of your opponents business, options, aims, and abilities will give you more insight into possible bartering arguments. Strategic advice can only be given when both sides are understood and appreciated.
Managing Margins Effectively
Negotiations should take time to develop to the point where you are ready to push for your ultimate deal. Managing the margins of the negotiations by saving your ‘best offer’ until the end will ensure your opponent feels they have negotiated a good deal. Knowing what to ask for, and more importantly when to ask for it, is vital in good negotiating.
Sitting in Silence
Silence can feel awkward at times so learning to be comfortable with it can be used to your advantage at the negotiating table. Count to ten, slowly, and allow the pressure to settle on your opponents – they will often start talking to fill the awkward silence, frequently backtracking in the process.
Stay in Control
Controlling the agenda is vital in negotiations. Don’t be afraid to request time to consider proposals with your client, and give yourself room for decision making. Deadlines that are unreasonable should be negotiated and a compromised reached that is beneficial and realistic.
Remain Professional
The best negotiators stay calm, logical and professional throughout negotiations. Conflict is sometimes unavoidable – you are bargaining for terms that appear to be polar opposites at times – however, deal with it in a confident, but firm and unyielding way. Don’t shy away from it.
Dealing with Expectations
Unrealistic expectations are difficult to deal with, especially if they are the beliefs of your client. As a lawyer it is your job to be realistic about what your client should expect, and offer advice on how to deal with the realities of negotiations. Be upfront and honest with clients from the start so that you don’t encourage further unfulfillable hopes.
Focus
Negotiations aren’t complete until they have been formalised and implemented. Don’t lose focus once the game is almost won, as mistakes can happen when you take your eye off the ball.
