The benefit of having an attorney experienced in negotiations and dealing with different businesses is to catch the more significant pitfalls that people might not necessarily think about or avoid. In my practice, I always like to think to myself, when dealing with negotiations and potential contract situations about the future potential issues of a business, what that business does, and I try to think of future possible scenarios to predict problems that might arise with how that business is conducted. I then address those things in negotiations regardless of what stage in the contracting process the parties are in.
It is also important to note that negotiations can often be an ongoing process. You can have negotiations prior to a written agreement where you’re negotiating material terms, pricing, dates of delivery, and other critical terms that will be the core of the contract. Then you have the written portion of the agreement, that is actually preparing a contract for the parties to execute. You’re going to have more legal minutia, liability shifting, waivers, and arbitration or mediation clauses come up at this stage of negotiation. I help advise business clients on whether these are something they want as part of their agreement in operating their business when contracting with another party? Consideration and thought is given to reasons why you may or may not want those certain aspects of a contract in your agreement and can be argued for or against by an experienced negotiator prior to a final agreement and therefore possibly avoiding a bigger issue down the road. When you have a strong negotiating attorney, the negotiation process is going to be not only how to deal with the other side and figure out resolutions to things that you may not agree upon but how to advise and guide your clients on making these decisions.
Why Do Businesses And Individuals Hesitate To Hire An Experienced Attorney To Negotiate On Their Behalf?
I think generally potential clients or those possibly considering legal assistance are concerned or fearful, of an attorney’s cost. I think there’s a misconception that attorneys will overbill and bill for unnecessary services, but I find that not to be true and it is not how I operate my practice. Cost, really boils down to what a business’s legal needs are and what they are asking an attorney to provide. So, I think businesses and individuals who are not used to or comfortable dealing with attorneys might make the mistake of waiting to have or not utilizing an attorney to negotiate on their behalf. Usually, what ends happening is a business seeking out an attorney’s services after entering into a contract because an issue that wasn’t thought about or considered has ripened into a dispute. . Now the unrepresented business risks exposure to something detrimental to the business or a mistake causing harm to their business all of which could have possibly been thought about, negotiated, or dealt with before a contract and issue arose.
If We’ve Already Accepted An Offer. Is It Ever Too Late To Hire An Attorney And Go Back To Negotiate A Better Deal?
I don’t think it’s ever too late to negotiate or ask another party to renegotiate a better deal. I think it’s dependent on the circumstances. If you are in a position where maybe something’s changed, perhaps something that wasn’t thought about before, you need to renegotiate, and it’s not going to be a guarantee if you have a written agreement in place already. However, it doesn’t mean that you can’t get creative and go out of the way to fix the contract. Especially from another party’s perspective, if it means that that contract is not going to be able to fulfilled or there’s going to be ultimately a breach, and the other party doesn’t want that, I think sometimes you can run into situations where the other party’s pretty reasonable and figures out a new way to conduct business together. Of course, companies and the times are always changing, so there are situations where you do need to renegotiate or reconsider something that was already agreed upon or contracted for.
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