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8.1 NEGOTIATION STYLES CONT.• “I win, you lose” model • Beneficial when needing to reach a short-term agreement quickly • Focus more on winning than reaching a mutually beneficial agreem

Skills of

Negotiation And Signing

legal services proposal

Nguyen Huu Phuoc – Managing Partner

Copyright © 2019 – Phuoc & Partners

All right reserved This presentation and its content are copyrighted under applicable Vietnamese and international laws.

It is strictly forbidden to use or copy this presentation, in whole or

in part, without the authorization of the author in writing.

Phuoc & Partners - “A Business Approach to Legal Service” - 28 November 2021

1 Brief introduction of the Lecturer

2 Why is client lawyer agreement a

must for lawyer?

3 Types of client lawyer agreement

4 Mandatory and optional clauses

of a client lawyer agreement

5 Steps of lawyer-client

engagement – client perspective

6 Purpose of negotiation and

1 BRIEF INTRODUCTION OF LECTURER

• LLM in International Trade Law at

Bristol Law School (UWE)

• LLB from the General University of

Ho Chi Minh City (Law Major)

• Bachelor of Arts in languages

(English) from the Pedagogical

University

Nguyen Huu Phuoc

Director & Managing Partner

phuoc.nguyen@phuoc-partner.com

Sole author of the book “ Start-up Guide with the Lawyer Profession ” (2016) Co-author of Lawyer Handbook (2018)

2 WHY IS CLIENT-LAWYER AGREEMENT

A MUST FOR LAWYER?

• Outlining the assigned scope of work and establishing a time frame

• Serving as a record of rights and commitments of client and lawyer

• Preventing misunderstandings

• Describing payment process

• Being binding and protecting lawyer and client

• Minimizing risks

• What else?

3 TYPES OF CLIENT-LAWYER AGREEMENT

Bid

Estimate Quote

Legal services proposal / agreement

What else?

4 MANDATORY AND OPTIONAL CLAUSES

OF A CLIENT LAWYER AGREEMENT

Mandatory clauses

Option clauses

• Subject of contract

• Agreed scope of work

• Rights and obligations of each party

• Legal service fees

Identifying 03 lawyer vendors (optional)

Requesting for

quote/legal services

proposal/estimate/bid

Vendor interview (optional)

5 STEPS OF LAWYER-CLIENT

ENGAGEMENT

– CLIENT PERSPECTIVE (CONT.)

Reviewing terms and

condition of the

quote/legal services

proposal/estimate/bid

Negotiating differences with the selected lawyer

Checking references (optional)

What else?

7 STEPS OF NEGOTIATION

1 Preparation and planning

2 Definition of ground rules

3 Clarification and Justification

4 Bargaining and problem solving

5 Closure and implementation

8.1 NEGOTIATION STYLES (CONT.)

• “I win, you lose” model

• Beneficial when needing to reach a short-term agreement quickly

• Focus more on winning than reaching a mutually beneficial agreement

with the other party

• Client relationship might break if a negotiation style is too competitive and

crosses the line into bullying

8.2 NEGOTIATION STYLES (CONT.)

• “I win, you win” model

• Effective in most business negotiations

• Focus on making sure all parties have their needs met in an agreement

• Willing to invest time in finding innovative solutions and building business

relationship with the other party

• The more collaborative lawyer can lose out – so be careful and always

keep track of the agreement’s value

8.3 NEGOTIATION STYLES (CONT.)

• “I win/lose some, you win/lose some” model

• Splitting the agreement’s value between two parties so that both benefit

from an agreement’s full value

• Useful in situations where client is trustworthy, and the agreement is under

a tight deadline

• Causing lawyer to lose out on collaborative agreement and innovative

solutions

8.4 NEGOTIATION STYLES (CONT.)

• “I lose, you lose” model

• Highly disliking conflict and tending to talk in vague terms about the issue

at hand

• Working best in situations where: - negotiation concerns a matter that is

trivial to both parties; and - where investment of time to resolve the issue

outweighs the discussion outcome

• Coming off as passive-aggressive This can cause rifts in interpersonal

business relationships

8.5 NEGOTIATION STYLES (CONT.)

• “I lose, you win” model

• Being the direct opposite of competing style

• Focusing on preserving relationships and building a friendly rapport by

sacrificing some of own interests in favor of the opposite party’s interest

• Working best in situations where one party has caused harm to another and

needs to repair a significant relationship

• Being skilled at peacemaking between different bodies

• Not sending a pure accommodator alone to a negotiation with a

competitive one because he/she can easily be taken advantage of

NEGOTIATION STYLES (CONT.)

• Which negotiation style describes your negotiation practices the best?

• Do you tend to compete, collaborate, compromise, accommodate, or avoid?

• Or do you practice a mixture of negotiation styles, expertly bringing in competition or accommodation to fit the environment?

9 COMMON NEGOTIATION

MISTAKES OF LAWYER

1 Thinking something is non-negotiable

2 Not building relationships first

3 Having no plan or poor plan before negotiation

4 View negotiating as a win-lose deal

5 Failing to negotiate

9 COMMON NEGOTIATION

MISTAKES OF LAWYER (CONT.)

7 Making an offer without including an escape clause

8 Talking but did not listening

9 Treating cross-cultural negotiation the same as local one

10 Not doing best because of emotional biases

11 Focusing on competing rather than collaborating

12 Bidding against yourself

17 Not paying too much attention to anchors

18 Refusing to be flexible to meet the other side's positioning

9 COMMON NEGOTIATION

MISTAKES OF LAWYER (CONT.)

19 Accepting a bad deal

20 Making unreasonable demands

21 Not be willing to walk away

22 Not shifting the focus light

23 Starting work before a client lawyer agreement is signed

TIPS FOR IMPROVING LAWYER

NEGOTIATION SKILL

10.

1 Well being prepared

2 Knowing exactly what you

7 Seeking a win-win solution

8 Not taking the issues or the

behaviour of the client personally

9 Making trade-offs

10 Exploring other possibilities

11 Taking a break

12 Understanding your position and

also getting to know the client’s position

13 Presenting multiple equivalent

offers simultaneously

14 Trying a contingent contract

15 Planning for the implementation

stage

16 Change the line-up

TIPS

For Improving Lawyer Negotiation Skill

Well being prepared

• Checking client’s information

(scope of business, office

locations)

• Checking the client’s

representative whom you will

meet (education, experience,

• Getting the expected legal service fee

• Wining the client

• Retaining the existing client

• Getting the assigned work (interesting, workload, learning

…)

• What else?

TIPS

For Improving Lawyer Negotiation Skill

Considering alternatives

• Giving other free legal supports

• Increasing/scaling down the

scope of work

• Advising the client how to carry

out the task

• What else?

Taking your time

• Being patient

• Making mind cool

• Building relationship

• What else?

Having proper communication

• Distributing your messages

clearly, concisely and directly

• Not talking too much or two

little (Discussing and not

selling)

• Thinking about what you want

to say before you say it

• What else?

Listening carefully

• Paying close attention to what the client is saying

• Asking clarifying question

• Rephrasing what the person says

TIPS

For Improving Lawyer Negotiation Skill

Seeking a win-win solution

• Placing yourself in the client’s

shoes

• Identifying the client's

underlying concerns

• Finding an alternative which

meets each party's concerns

• What else?

Not taking the issues or the

behaviour of the client personally

• Not getting sidetracked by personal issues

• Try to understand the client’s behaviour

• What else?

TIPS

For Improving Lawyer Negotiation Skill

Making trade-offs

• Balance two opposing situations

or qualities (I will do this if you

TIPS

For Improving Lawyer Negotiation Skill

Taking a break

• Giving time and space to

unwind from the often tense and

stressful atmosphere of

negotiations

• Recapping with your superior

what has accomplished and how

far you have to go

• How large size the client is?

• How urgent is the client’s need”

• What else?

• Asking the client to tell you

which one he/she liked best and

why

• Working on your own to

improve your offer

• Trying to brainstorm with the

client an option that pleases both

TIPS

For Improving Lawyer Negotiation Skill

Planning for the implementation stage

• Placing milestones and

deadlines in services proposal

to ensure that commitments are

being met

• Meeting at regular intervals to

check in and, if necessary,

renegotiate

• What else?

Change the line-up

• Bringing in a new negotiator with fresh eyes, free of any emotional baggage or

personality clashes

• What else?

ABC has received numerous bids for the legal services from various lawfirms ABC has decided to enter negotiations with some law firms whichpassed the first round of its internal assessment and requested its both In-house counsel (young Vietnamese male) and CFO (old Malaysian female) tonegotiate legal services agreement with representatives of the law firms.While the In-house counsel is familiar with such kind of negotiation, theCFO is quite new to such kind of task.

Although your law firm is a high ranking one in the legal market but has not

❑- the group’s negotiation plan;

❑- the group’s suitable style of negotiation;

❑- the group’s proposed negotiation strategy; and

❑- the group’s negotiation steps

Q&A

# 70 Quoc Huong Street, Thao Dien Ward,

District 2 +84 28 3622 3522

info@phuoc-partner.com