Someone once told Toolbox that it was "a lousy negotiator." You'd think with a drill, hammer and two screwdrivers in its quiver, that wouldn't be the case, Getting to Yes to the contrary notwithstanding. Toolbox is a lover, not a fighter. Still, TB later realized that hurling the epithet, "you're a lousy negotiator" was, in and of itself that actor's negotiating posture. Toolbox knows that having now expanded its arsenal to include Negotiation Strategy and Tactics, by Harry Rubin (Ropes & Gray), for it puts negotiation in a context that Toolbox can understand. And although Rubin acknowledges that "there is no predetermined or 'one size fits all' formula for successful negotiations, the proposed analytical framework for preparing, structuring and conducting negotiations, together with the following salient factors and variables, should help achieve optimal results." The framework is mostly about preparation, yours and your client's:
Preparation: "The negotiating attorney must possess command of the document, applicable legal issues and prevalent commercial practices; ensure substantive and strategic coordination with the client; understand the adverse party; agree with the client on the lawyer's role; help select the optimal legal structure of the transaction; and define the key terms to be achieved."
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