Negotiation Training Workshop Gives Foley Associates an Edge

07 February 2022 Foley Career Perspectives Blog
Author(s): Rebecca S. Bradley

Effective negotiation is a critical lawyering skill, whether you’re litigating a discovery dispute, brokering a settlement, selling a business, or closing a financing.

That’s why the firm was pleased to welcome Marty Latz of Latz Negotiation, who recently led a two-day, interactive Negotiation Training Workshop for the firm’s 4th-year associates. Latz has developed and taught negotiation training programs for thousands of lawyers and business professionals and has negotiated nationally and internationally as a member of the White House Advance Team.

His program for our associates drilled down into negotiation strategies designed to unlock tools to overcome challenges that present themselves in a range of practice areas. To do this, the associates worked in small teams to brainstorm tactics for two different simulated negotiations. Then they negotiated against one another and reported their results to the larger group.

Associates learned not to “underestimate the leverage a counterparty may have even without a superior legal position” and “walked away with key negotiation techniques,” including:

  • Information is power. Set aggressive and specific goals at the outset of any negotiation and gather information to support your strategy, including by asking questions and employing effective listening skills during the negotiation.
  • Maximize your leverage by evaluating both sides’ need to make a deal and understanding when in it’s your client’s interest to walk away versus sign an agreement.
  • Employ “fair” objective criteria such as market value, precedent, and expert opinion to stand firmly on principles of independence and objectivity. 
  • Design an offer-concession strategy before the negotiation to guide the timing of any offers and/or concessions you will make during the negotiation.
  • Control the agenda by taking the initiative to prepare it including to propose the time, place, and order of the discussion, and to define any deadlines.

Associates especially “enjoyed getting to know and working with some of the other associates at the firm that [they] hadn’t met previously.”

The Negotiation Training Workshop is one of a series of multi-day, interactive training programs designed to introduce Foley associates to the skills needed to thrive and advance in their practices. These programs enable associates to practice new skills in a training environment, and to receive feedback on specific tactics from experts in the field.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.


Rebecca S. Bradley

Director of Professional Development