How to Negotiate Like a Litigator

By Melissa J. Anderson (New York City)

The idea of career negotiation – for a raise, promotion, or special project – can seem scary, especially if you’ve never done it before. But active career management is so important for advancement. And, in fact, many of us negotiate every day as part of our jobs.

“I tell our younger team members that we spend so much time being strong advocates for our clients, but you really have to step back and remember how important it is to be advocates for your own self and your own career,” says Lori Cohen, a shareholder at Greenberg Traurig who holds a record of 55 straight trial wins. She also chairs the firm’s Pharmaceutical, Medical Device & Health Care Litigation Group as well as co-Chairs the Atlanta Litigation Practice.

“It’s hard to get into that mindset as women. We’re so used to watching out for other people, we may not spend as much time as we should, advocating for ourselves.”

By tapping into the negotiation skills you use in business, says Cohen, you can also advance your career. Here’s how.

Cultivate Your Credibility and Personal Style

Negotiation – whether you’re working on a deal with a client, or your settling on compensation with your employer – comes down to credibility, began Cohen. “First, you really have to mean what you say – you have to be ready to talk the walk and walk the talk.”

She explained, “When I’m thinking about how I’m going to win a case in my practice, if you say to the other side ‘we’re not paying that ever,’ you have to stick to your guns. You can’t, a week later, change your mind, because you’ll never have credibility going forward.”

“Credibility is so important. It’s how you’re perceived. Developing your credibility in your field is critical.”

Having that credibility can provide the leverage you need to get what you want.

Cohen says she doesn’t believe gender makes a difference in how people negotiate – which means your personal style is all the more important. “Really the answer is no – I don’t think women negotiate differently than men as a whole. I think negotiation skills, tactics, and approaches are very individualized.”

She continued, “I don’t think there’s as much of a difference in approach based on gender. An individual’s personality drives those differences more than anything.”

Brush Up on Business Skills

“A career in law has far exceeded my expectations,” Cohen said. But one of the things she’s been most surprised to learn in her legal career is the importance of building business skills she didn’t learn in law school.

“The legal profession is dynamic and has changed considerably in my two decades of practicing – particularly how important business skills are, especially now in 2012.  When we began our legal careers, many of us thought we didn’t have to worry about business and now it’s a substantial part of the profession,” she explained.

And it’s not just deal making, said Cohen. “I spend a great deal of time on business issues – like developing fee arrangements that really work for clients, project management, business development, and marketing.”

Building those skills can make you more valuable to your company. Keeping your business management skills fresh can be that special something that sets you above colleagues you may be vying with for a promotion.

Rainmaking is also an important part of demonstrating your credibility and value to your firm or manager. Cohen said, “Rainmaking is part and parcel of what I do and what attorneys should be doing from a very early age. If you’re going to have great success and reach high levels, you have to be a rainmaker.”

In order to be a great rainmaker, Cohen says, it is critical that you understand the business goals of your organization as well as those of the other party. “Have a deep understanding of your clients or potential clients – what they need and what their business interests are.”

“Staying visible is also important – being out there and having your name show up a lot. Send clients and potential clients emails or articles – don’t let them forget you!” she said with a laugh.