One of the challenges being faced by attorneys these days is negotiating with colleagues and clients alike. The negotiation does not center on cost of legal fees alone but also include; How to mediate a legal dispute, how to acquire the services of other attorneys and settle their fees, how to schedule the deadline for a legal case or project, and many more. Te act of negotiation is needed in these situations and it is clearly defined as a process in which two different parties pursuing different goals try to reach an agreement on an optimal course of action.
Flexibility is one characteristic that attorneys must possess to be able to have successful negotiations. When one negotiation process is not working, a good attorney will adapt to it and try another means of negotiation . When it comes to negotiating, an attorney will not want to be a carp who only see limited options, such a carp attorney will always want to maintain the “ status quo” and will not want to be defeated in any negotiation process. Such bad negotiating attorney will not want to see the positive side of the long term cost of the deal, he only interested in the short term financial gains- this is not good for an attorney law firm business.
The best negotiating lawyers are flexible in thought and strategy. These are attorneys who are always quick in changing their negotiating tactics and strategies depending on the personality and level of reasoning of the other party. Good negotiating attorneys will remain cooperative as long as their clients or colleagues are cooperative in the way they are negotiating with each other. In every negotiating situation there are 4 likely outcomes which are; win/win, lose/lose, win/lose , and no outcome. In a lose /lose situation , neither party is able to achieve his or her goals and in a win/win situation, each party is satisfied with the outcome. In a no outcome situation, no agreement was reach before the conclusion of the negotiation.
To be a successful negotiator, an attorney must understand that the other party’s needs and aspirations are quite different from his own and it is very essential that you narrow down your negotiations to one issue, though you must be prepared to list and plan several other negotiating options. As an Attorney you need to do some quality research on many negotiation components such as the delivery dates, quality of services, possible outcome of a case , and many other things that can make your negotiation very flexible.
You need to develop as many negotiable points as possible, and relay these to the other party while negotiating, don’t be angry if you are losing out on some of the points you made, if you lose some , you will gain it from another source. You need to read the mind of your clients psychologically to be able to convince him about your points.
