Negotiation basics for lawyers and law students

1. Negotiating Your Brilliant Career

4. Most justice issues don’t fit in the bucket!
DUTY BREACH
CAUSE DAMAGE

5. We strip legal narratives of all
“irrelevant” detail, suppressing
particularity, nuance, and texture from
dispute. We discount “feelings” of
injustice as irrelevant to the dispute.

6. People don’t have legal
problems, only lawyers have
legal problems. People have
people problems burdened
with justice issues.

7. He’s forever robbing Peter to Pay Paul
I want to be Paul

8. My son died of cancer in the middle of
negotiating the resolution of this deal

9. The operating room is my church
If I settle it will mean I killed her

10. {weeping}

11. We served in Saigon at the same time

12. No one gets a better deal

14. "The most powerful
interests are basic
human needs. If you can
take care of such basic
needs, you increase the
chance both of reaching
agreement and, if an
agreement is reached, of
the other side’s keeping
to it..” Getting to Yes

15. Behind every
accusation is
a cry for help

16. • They’re not difficult, they
are uninformed
– Educate them about their
true interests, consequences
of their actions
– Help them understand what
is in their best interest
– May have misunderstood or
ignored a crucial piece of
information
From Bazerman & Malhotra,
Negotiation Genius

17. They are not irrational;
they have hidden
constraints
– Institutional
– Precedential
– Promises to others
– Deadlines
From Bazerman & Malhotra,
Negotiation Genius

18. They’re not evil; they have
hidden interests.
– Personal (unrelated to you
or deal)
– Relational (related to you
but not to deal, i.e.,
“face”)
– Political, social, cultural
From Bazerman & Malhotra,
Negotiation Genius

19. “China would be
reluctant to
agree to
sanctions that
could seriously
destabilize North
Korea — such as
cutting off oil
permanently or
for a significant
period of time —
because China’s
primary concern
is stability on its
borders.”
Why won’t China stop sending
North Korea Oil?

20. • Libya and Iraq teach
only WMD can
deter U.S. threat
• 28,000 troops in
South Korea, and
policy of first-use
nuclear option is
existential threat.
• Kim’s leadership
rooted in narrative
of defense against
an implacably
hostile United
States
Why Won’t Kim Give Up NK’s Nuclear Ambitions?

21. Why Isn’t Your Firm Paying “Market”

22. Be curious
Be authentic
Network (make friends)
Establish own reputation
Mentor/sponsor
Follow the power/money
Prize opportunities that offer
autonomy, mastery, purpose
Be of service – it’s just about the
only thing that matters
Dress for Success, Professional Class