15.3 Negotiation Strategies and Ethics

Negotiation strategies are crucial for lawyers to effectively represent their clients' interests. This section covers key approaches, from identifying objectives and preparing thoroughly to developing a negotiation plan and maintaining professional integrity throughout the process.

Ethical obligations in negotiations are equally important. Attorneys must adhere to duties of candor and fair dealing, protect client confidentiality, and address conflicts of interest. These principles ensure negotiations are conducted with honesty and respect for all parties involved.

Negotiation Strategies

Strategies for effective negotiation

Top images from around the web for Strategies for effective negotiation

• 

  Nature of negotiation View original

  Is this image relevant?

• 

  Stages of Negotiation | Organizational Behavior and Human Relations View original

  Is this image relevant?

• 

  Negotiation - Praxis Framework View original

  Is this image relevant?

• 

  Nature of negotiation View original

  Is this image relevant?

• 

  Stages of Negotiation | Organizational Behavior and Human Relations View original

  Is this image relevant?

1 of 3

Top images from around the web for Strategies for effective negotiation

• 

  Nature of negotiation View original

  Is this image relevant?

• 

  Stages of Negotiation | Organizational Behavior and Human Relations View original

  Is this image relevant?

• 

  Negotiation - Praxis Framework View original

  Is this image relevant?

• 

  Nature of negotiation View original

  Is this image relevant?

• 

  Stages of Negotiation | Organizational Behavior and Human Relations View original

  Is this image relevant?

1 of 3

• Identify and prioritize client objectives
  • Understand the client's goals, needs, and interests to effectively represent their position
  • Determine the relative importance of each objective to create a hierarchy of priorities (financial goals, timeline, relationship preservation)
• Prepare thoroughly for negotiations
  • Research the other party's background, interests, and potential bargaining position to anticipate their strategy and concerns
  • Gather relevant facts, documents, and data to support your position and strengthen your arguments (contracts, market data, legal precedents)
• Develop a negotiation plan
  • Establish a range of acceptable outcomes to set realistic expectations and define success (BATNA - Best Alternative To a Negotiated Agreement)
  • Determine your opening offer and concession strategy to guide the negotiation process and maintain control (high initial offer, gradual concessions)
• Maintain professional integrity throughout the negotiation process
  • Adhere to ethical standards and legal obligations to uphold the reputation of the legal profession
  • Be honest and transparent about your client's objectives and limitations to build trust and credibility with the other party
  • Avoid misrepresentations or deceptive tactics that could undermine the negotiation and damage your professional standing (false statements, withholding information)

Ethical obligations in negotiations

• Duty of candor
  • Attorneys must be truthful in their representations to the other party to maintain the integrity of the negotiation process
  • Avoid making false statements or omitting material facts that could mislead or deceive the other party (misrepresenting client's financial situation, withholding relevant information)
• Duty of fair dealing
  • Attorneys should negotiate in good faith to promote a fair and equitable outcome for all parties involved
  • Refrain from using unfair or oppressive tactics that could exploit the other party's vulnerabilities or lack of knowledge (high-pressure sales tactics, taking advantage of unrepresented parties)
  • Deal honestly and fairly with the other party to build a foundation of trust and respect (disclosing relevant information, considering the other party's interests)
• Confidentiality
  • Protect client confidences and privileged information to maintain the trust and privacy of the attorney-client relationship
  • Do not disclose sensitive information without client consent to avoid breaching ethical obligations and damaging the client's interests (trade secrets, personal information)
• Conflicts of interest
  • Identify and address potential conflicts of interest to ensure undivided loyalty to the client
  • Obtain informed consent from clients when necessary to transparently discuss and resolve any conflicts that may arise (representing multiple parties, personal financial interests)

Communication and Problem-Solving

Skills for successful negotiations

• Active listening
  • Pay attention to the other party's words, tone, and body language to fully understand their perspective and concerns
  • Demonstrate understanding by paraphrasing and asking clarifying questions to show engagement and build rapport (restating key points, seeking additional information)
  • Acknowledge the other party's perspective and concerns to validate their position and create a collaborative atmosphere
• Empathy
  • Try to understand the other party's motivations, needs, and constraints to develop a more comprehensive view of the negotiation
  • Show respect for their position, even if you disagree, to maintain a professional and courteous dialogue
  • Build rapport and trust through genuine understanding and consideration of the other party's situation (acknowledging challenges, finding common ground)
• Creative problem-solving
  • Look for mutually beneficial solutions to create value and expand the potential outcomes (win-win scenarios)
  • Generate options that address both parties' interests to find innovative ways to meet everyone's needs (brainstorming sessions, considering alternative arrangements)
  • Be open to unconventional or innovative ideas that may lead to breakthroughs in the negotiation process (hybrid solutions, contingency plans)

Tactics and responses in negotiations

• Anchoring
  • The other party makes an extreme initial offer to set the negotiation range in their favor and influence the final outcome
  • Counter with your own well-reasoned anchor or reframe the discussion to shift the focus to more realistic and mutually acceptable terms
• Bluffing or puffing
  • The other party makes exaggerated claims or empty threats to gain leverage and pressure you into making concessions
  • Call their bluff by requesting evidence or making the threat real to expose the lack of substance behind their statements (requesting proof, assessing feasibility of threats)
• Deadlines or time pressure
  • The other party imposes artificial deadlines to force a decision and limit your ability to consider alternatives or gather additional information
  • Question the legitimacy of the deadline and take time to consider your options to maintain control over the negotiation process (verifying urgency, proposing alternative timelines)
• Good cop/bad cop
  • One negotiator is friendly and reasonable, while the other is hostile and uncompromising, creating a sense of uncertainty and pressure
  • Recognize the tactic and deal directly with the decision-maker to avoid getting caught up in the emotional manipulation (focusing on substantive issues, addressing concerns with the lead negotiator)
• Nibbling
  • The other party seeks small concessions after the main agreement is reached to gain additional benefits without offering reciprocal value
  • Be firm in sticking to the agreed-upon terms or make counter-requests to maintain the balance and fairness of the negotiated agreement (reiterating original terms, seeking concessions in return)