Answering a common client question...
Today we're answering a common question we receive from clients...
Q: Before I book a consult, can you tell me what the scope of your work with me would be? By reading your information on your website I'm sure helping to negotiate is right up your alley, but would you also be able to write up a contract with my terms?
Sincerely,
Executive Officer
A: Dear Executive Officer,
I cannot write up a contract with your terms in it. I no longer practice law. I can write up a deal “term sheet” and then if you need to present a contract with the advice of a lawyer and all the “whereas” and choice of law and integration clauses, releases etc., I’d advise you to hire a lawyer.
In high value cases (tens of millions of dollars), I become part of the legal team. I do vet contracts prepared by the other side after a deal on essential terms is reached but I always advise my clients to consult with a lawyer because I haven’t practiced law for a decade and though I will never stop “thinking like a lawyer” strategically, I no longer keep up on legal developments.
By the way, as a business litigator, contract terms after the parties’ relationship broke down was the subject of all 25 years of my litigation and trial experience, with hundreds of millions of dollars at stake between Fortune 50 companies.
I do for my clients what I did as a lawyer — I just no longer have an opponent. We are a team. I learn the waters you are swimming in: personalities, relationships, business facts, customs and histories, plan (in writing) the negotiation-problem solving approach, including opening proposal and acceptable concessions, sequence the ask in its component parts (price, terms, benefits, timing), frame the talking points (script) as meeting their interests (needs, fears, desires, preferences, priorities, mission, values and the like) and then stay in contact via phone or zoom to walk my clients through every step of the way and then finally vet the contract and toast to our success.
My most recent complex job was the sale of a ten million dollar streaming adult production business. The deal lawyer charged $1,000/hour and I charged my pre-pandemic hourly rate of $450/hour.
In the $200 consult, we’d talk scope of the assignment and flat or hourly rates. Flat rates for complicated transactions are negotiable.
Hope that helps. And if you need referrals to other negotiation consultants I know and trust, I’m happy to provide them.
P.S. — This month, we will be gifting a one-hour consultation to a woman who earns less than $50k per year. If this is you or someone you know, simply reply to this email and let us know. Thank you to those who have already reached out! As with previous months, we will randomly pick a name toward the end of the month and email everyone who responds to us.