The Art of Negotiation for Attorneys

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published July 03, 2012

By Harrison Barnes, CEO and Founder - BCG Attorney Search

This article could also be titled the “Art of War” by Sun-Tzu because the strategies and tactics are strikingly similar. In an adversarial system, attorneys are always negotiating and trying to win strategic advantages for clients, these same negotiation tactics are utilized by generals in battlefields. Similar to generals, attorneys need to strategize, accede territory, and sometimes forfeit a small battle to win the war. Of these attributes, an attorney must able to strategize instinctively to be successful.

Do not allow the enemy to choose the battlefield

Too often, lawyers hastily accept offers without a second thought. For example, when a lawyer calls an opposing attorney to make an offer to meet and confer, and you acquiesce to the time and place abruptly. At this moment, you start losing the war because you are letting the enemy choose the site of the battle. It is always better to contemplate the pros and cons before committing to a meeting. Sudden offers can always be deferred by using the age-old excuse, “I'm in the middle of something, I'll call you back.” To strategically analyze the offer, ask yourself why the lawyer on the other side chose a particular time and place for a meeting, what would be his/her advantages for choosing the specific location, and how can you neutralize the location or turn the offer into a better location, which favors your client.

War always happens due to misinformation, so be informed

If both sides in any war were accurately aware of the strengths and weaknesses of the opposition, then there would never have been any wars, because outcomes would have been predictable. Just take the case of Genghis Khan in the middle ages – empires fell before him because the empires could not accurately assess his abilities, while small towns and cities survived where they paid him his tribute. Accurate information about the other side is the key to survival, and to decide whether to negotiate or to go to war.

Many lawyers speak more than they listen. By doing so, attorneys offer up more information than they should, and therefore give up strategic advantages. For proper negotiations, time should be spent to make sure all relevant questions are asked and answered before subsequent steps are taken.

Win the war by controlling its pace

By remaining in control of the agenda, you can speed up or slow down the negotiation process and the sequence in which issues are discussed and resolved. This is one of the most challenging tasks of any attorney engaged in a critical negotiation. Understanding and using deadlines and controlling the agenda properly may help you win in negotiations. The other side would always try to pressure you to do more in less time in an attempt to convince you that taking additional time is irrelevant. Do not be fooled. If they are giving you 15 minutes to explain your position, they are ready to give fifteen hours, so do not allow yourself to be pushed into corners.

Find the chinks in the armor – the biggest strengths always hide the biggest weaknesses

For instance, let's assume the lawyer on the other side has an uncle in the Senate. Although this is the opposition's biggest strength, this linchpin has the potential to be his biggest weakness because, if somehow, that power can be neutralized. Further, once this power is neutralized the opponent lawyer would lose nerve and be left with nothing. Whatever your opponent's biggest strength, be it charm, physical strength, connections, intelligence, or knowledge, it is something your opponent has come to rely on. Therefore, that same attribute or quality also constitutes his/her weakness. Keep that in mind to win your negotiations.

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

Immigration law
Workers’ compensation
Insurance defense
Family law
Trusts & estates
Municipal law
And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
Elite boutique firms with specialized practices
Mid-sized firms looking to expand their practice areas
Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
He has conducted hundreds of hours of career development webinars, available here: Harrison Barnes Webinar Replays.
His placement success is unmatched—see examples here: Harrison Barnes' Attorney Placements.
He has created numerous comprehensive career development courses, including BigLaw Breakthrough, designed to help attorneys land positions at elite law firms.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
Works closely with candidates to ensure their resumes and applications stand out.
Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
Senior attorneys who believed they were “too experienced” to make a move and found better roles with firms eager for their expertise.
Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

Submit Your Resume Today – Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.

? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

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