When negotiating, how should a lawyer prepare for discussions with the client?

In the context of a lawyer's preparation for discussions with a client during negotiations, reviewing all provisions with the client is essential. This approach ensures that the client is fully aware of the details and implications of the negotiation points. By engaging the client in this manner, the lawyer fosters a collaborative relationship, allowing the client to understand the complexities of the situation and the possible outcomes. It also empowers the client to make informed decisions that align with their goals and interests.

This thorough review lays the groundwork for effective communication and clear expectations, which are critical in negotiations. It demonstrates the lawyer's commitment to transparency and facilitates a strategy that is rooted in the client's values and objectives, rather than solely the lawyer's professional judgment.

In contrast, preparing proposals without client input undermines the client's agency and may lead to a misalignment between the lawyer's strategy and the client's desires. Similarly, encouraging the client to accept the lawyer's strategy without involving them in the decision-making process can erode trust and lead to dissatisfaction. Conducting all negotiations in private might seem prudent for confidentiality but does not substitute for the collaborative dialogue necessary for effective representation. Thus, discussing and reviewing all provisions with the client is the best approach to prepare for negotiations.