ARTICLE

When I started working on contracts, it seemed an impossible task for me to figure out how to negotiate them. Learning the law and best practices was relatively easy. The much harder bit was to translate that information into deciding what terms to ask for and explain the why behind it.

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CONTRACT TIP

This contract tip is about negotiation strategies and finding ways to let the other side "win" during contract negotiations.

This practice takes many forms:

I didn't always have this mindset. As a newer lawyer, I wanted to show off my skills. I wanted to demonstrate my better drafting ability. I wanted to use my negotiating prowess to show my client and the other side how they were wrong.

Essentially, I made the negotiations into something for me to win.

But I learned that this mindset made it harder to get the best deal for my client. Because I made it about me feeling smug about my superiority rather than working together to arrive at terms.

I made it about me.

Now I make it a point to show my respect. I praise their arguments that convinced me. I use their wording even though I think that I could draft it better. I try to create a positive experience to facilitate a better deal and business relationship.

I make it about all of us.

How do you approach this in your negotiations?

PS - This cartoon is one of my all-time favorites. There's something about being able to use the words "intergalactic bovine transport" that brings me joy.

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