In the legal profession, the art of negotiation stands as an essential skill that sets outstanding lawyers apart from their colleagues. However, for lawyers at the start of their careers, acing this skill can seem like a challenging endeavour.

In a recent interview with Lawyers Weekly, Glin Bayley, the founder of The Value Negotiator and author of The Negotiation Playbook, emphasised the significance of honing negotiation skills for young lawyers, given its prevalence in the legal profession. She also highlighted common negotiation pitfalls that young lawyers should be mindful of and provided valuable tips to enhance their confidence in negotiating.

Why good negotiation skills are important

Bayley argued that although the law establishes a structure for influencing conduct and settling conflicts, the art of negotiation empowers lawyers to navigate the legal system most effectively.

“Law provides a framework of rules and systems, like courts or contracts, to guide behaviour and resolve disputes. But it’s negotiation that allows us to navigate those systems and create solutions that work for everyone, relying on communication and understanding rather than authority alone,” Bayley said.

She also explained how negotiation is integral to a lawyer’s daily routine, permeating every aspect of their work, from navigating client discussions to orchestrating complex contract negotiations.

“Every day, we’re making agreements with others – every time we have a conversation to reach an agreement, it’s a negotiation. Whether you’re consciously aware or not, you’re negotiating daily,” she said.

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Removing the fear around negotiating

Negotiation is a crucial skill in the legal profession, yet many young lawyers grapple with fear regarding this aspect of their work.

Bayley pointed out that one of the primary reasons young lawyers are apprehensive is their concern about diminishing their value and the fear of making the wrong career moves.

“One of the biggest obstacles to developing negotiation mastery is the fear of diminishing your value. We all want to feel valued, and this fear can show up in different ways – worrying about saying the wrong thing, appearing too demanding, or not knowing enough about the process of how to get the outcome you seek. These fears often lead to hesitation or avoidance altogether,” Bayley said.

To address this mindset, Bayley emphasised two critical factors that young lawyers must consistently bear in mind:

• “The first thing to understand is that negotiation is a skill that can be developed. As a lawyer, you’ve already proven you can do hard things – negotiation takes your legal acumen and amplifies the value you are able to actualise in a deal.

• “The second thing to understand is that your intrinsic value – your inherent worth as a person – is never on the table. What’s up for negotiation is your extrinsic value as a lawyer – the measurable impact you have on the business and your clients. When you walk into a conversation knowing the difference, you can learn to negotiate more confidently.”

Common negotiating mistakes to be aware of

When beginning negotiations, Bayley shared insights into the most frequent errors made by young lawyers that they should remember.

She emphasised that one of the most common mistakes lawyers make at the beginning of their negotiations is prioritising the need to win over finding a solution that works for everyone.

“One common mistake is focusing too much on winning the argument or showcasing their legal knowledge rather than keeping the real purpose of negotiation in mind – finding a solution that works for everyone.

“Negotiation isn’t just about taking legal positions; it’s about getting creative to meet the interests of both sides,” she said.

Bayley pointed out that another common mistake in negotiations is approaching them as if they were taking place in a courtroom, with a rigid and linear process. In truth, successful negotiation requires being flexible and adaptable to the situation at hand.

“Another pitfall is treating negotiation like a courtroom, assuming it follows a strict, linear process. In reality, successful negotiation requires flexibility and adaptability. If you’re not actively listening or open to collaboration, it’s easy to stall progress and miss opportunities for a better outcome,” she said.

“Finally, power dynamics can be misjudged. It’s easy to overestimate the power of legal authority, thinking the law alone will sway the outcome. But in negotiation, power is fluid – it can come from relationships, leverage, or simply being willing to walk away. Relying too much on legal leverage without considering other sources of influence can limit your effectiveness at the table.”

Tips to supercharge their negotiating power

To empower young lawyers in their negotiating endeavours, Bayley shared several strategies that they can employ:

• “To supercharge your negotiating power, get curious – ask the right questions to truly understand the other party’s needs.

• “Focus on building strong connections and look beyond price, negotiating for value that benefits both sides.

• “Be intentional in your preparation and don’t shy away from discomfort, as that’s where the real progress happens.

• “Where appropriate, aim to create more value for everyone, not just claim the biggest slice, and you’ll quickly become the lawyer people want at the table.”