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Professional Development: Negotiating to Make Rain

By Carol Frohlinger
November 27, 2007

Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.

In our work with hundreds of women, we have observed that the same kinds of self-defeating behaviors that hold some women back when they negotiate for themselves can inhibit business development as well. The good news is, however, that many of the skills women use to negotiate effectively on behalf of others can be applied to developing business. The first part of this article discusses a few of the mistakes women can make; the second shows how negotiation principles can help build business.

Are You Getting in Your Own Way?

The reality is that we women can be our own worst enemies when it comes to negotiating for ourselves or developing business. Some of the reasons are outside our control. But not all. A good number are self-inflicted ' paralyzing thoughts or behaviors that sabotage our efforts before we even get started. What are some of these?

Believing That Business Will Come to You

Way too many women work hard, skip lunch, keep their heads down, deliver excellent results and expect that others will notice and send them business. It doesn't work that way ' women must be proactive in seeking out opportunities to develop business. We must be strategic about building a business plan that includes developing more business from existing clients as well as finding new ones. But since we are often in such a time crunch that traditional networking is either impractical or impossible, what to do?

Think creatively about connecting with prospective clients ' perhaps via online social networking sites accessible any time you have time, or perhaps while waiting at the dentist's office or even while watching soccer at your child's school. Try a variety of things keeping in mind that new business probably won't happen unless you make it happen.

Putting All Your Eggs in One Basket

No doubt that developing business is about building relationships, but strong rainmakers recognize that it's about building relationships with many rather than few. Often excluded from opportunities to meet prospective clients, when we do get a chance, women can 'over-invest' in any one particular potential relationship. But sometimes business never materializes. Instead, be sure that no matter how well you think things are going that you continue to uncover other potential clients and keep a pipeline full of business development opportunities.

Seeing Only Your Weaknesses

Too many women see the glass as half empty; they are afraid to over promise and under-deliver. We worry that we haven't had experience handling a matter exactly like this one or even if we have that others have more robust experience and more resources to bring to bear. While prospective clients need to be apprised of the legal issues they face, don't confuse the potential weaknesses of your client's case with your ability. Clients expect their attorney to exude confidence ' men don't seem to have a problem with that.

Some Negotiation Principles That Work

Our research has shown that applying negotiation principles to helps women to integrate what they know about their clients to build relationships and close more business. Strong communication skills including questioning and active listening help women to learn about their prospective client's needs and to respond with solutions that fit.

Enlist Allies to Gather Intelligence

Whether you are negotiating or rainmaking, the more you know, the better you are able to plan a strategy. For example, determining who will be making the 'buying' decision and how they will make it is a key piece of information. Not only is familiarity with the organizational chart and biographical information helpful, but so is digging deeper to understand the functional roles people play and how they relate to one another. Learning as much as you can about the culture of the company and the personalities of the stakeholders involved is also helpful.

But this kind of information won't be on the company Web site ' so how do you find out what you need to know? Successful negotiators and rainmakers both tap into networks that enable them to learn what will make it easy for people to say 'yes.' They ask people they know and trust to identify potential objections or challenges and they plan a strategy to minimize those concerns.

Position Your Firm's Value

Consider how and when in the business development cycle to articulate your firm's relevant strengths ' and link those strengths to your prospective client's needs. If, for example, your firm has been on the cutting edge representing clients in a particular practice area, you'll want to highlight that experience when pitching for business to other prospective clients who may be facing those same legal issues. Or, if you know that managing costs is a major concern, you will want to mention that your firm has invested in state of the art billing software so that clients are kept well informed about expenses in a timely manner. Making sure the value you bring is visible for all to see will not only help to win the business but also to ensure a healthy relationship ongoing.

Consider Your Alternatives ' and Theirs

One critical thing to keep in mind when you are negotiating is that, despite best efforts, you may not be able to reach an agreement with the other party. That possibility means that you must consider what your alternatives are and how good or bad they may be ' you have to devise a 'Plan B' or a BATNA (Best Alternative To A Negotiated Agreement). Is there another person or company with whom you might strike an agreement instead? What would be the downside to you if you waited to try to reach agreement? Considering your BATNA helps you to avoid agreements that do not meet your interests and to know when to 'walk away'. When developing business, thinking about your BATNA makes you less vulnerable to granting concessions 'in the moment' to gain business but that live on to impede profitability.

Conclusion

Negotiation is all about reaching agreement and so is rainmaking. Women who avoid getting in their own way in the ways described here as well as in other ways are more likely to close business. Applying these negotiation principles (and others) offers women the possibility to transform themselves into superlative rainmakers, thereby securing their places at the table.


Carol Frohlinger is a co-founder of Negotiating Women, Inc, a company that provides negotiation and leadership training and coaching for women and consulting services for their organizations. She holds a J.D. from Fordham University School of Law. This article draws from research conducted for Her Place at the Table: A Woman's Guide to Negotiating Five Key Challenges to Leadership Success, by Deborah Kolb, Judith Williams and Carol Frohlinger (Jossey-Bass/John Wiley, 2004).

Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.

In our work with hundreds of women, we have observed that the same kinds of self-defeating behaviors that hold some women back when they negotiate for themselves can inhibit business development as well. The good news is, however, that many of the skills women use to negotiate effectively on behalf of others can be applied to developing business. The first part of this article discusses a few of the mistakes women can make; the second shows how negotiation principles can help build business.

Are You Getting in Your Own Way?

The reality is that we women can be our own worst enemies when it comes to negotiating for ourselves or developing business. Some of the reasons are outside our control. But not all. A good number are self-inflicted ' paralyzing thoughts or behaviors that sabotage our efforts before we even get started. What are some of these?

Believing That Business Will Come to You

Way too many women work hard, skip lunch, keep their heads down, deliver excellent results and expect that others will notice and send them business. It doesn't work that way ' women must be proactive in seeking out opportunities to develop business. We must be strategic about building a business plan that includes developing more business from existing clients as well as finding new ones. But since we are often in such a time crunch that traditional networking is either impractical or impossible, what to do?

Think creatively about connecting with prospective clients ' perhaps via online social networking sites accessible any time you have time, or perhaps while waiting at the dentist's office or even while watching soccer at your child's school. Try a variety of things keeping in mind that new business probably won't happen unless you make it happen.

Putting All Your Eggs in One Basket

No doubt that developing business is about building relationships, but strong rainmakers recognize that it's about building relationships with many rather than few. Often excluded from opportunities to meet prospective clients, when we do get a chance, women can 'over-invest' in any one particular potential relationship. But sometimes business never materializes. Instead, be sure that no matter how well you think things are going that you continue to uncover other potential clients and keep a pipeline full of business development opportunities.

Seeing Only Your Weaknesses

Too many women see the glass as half empty; they are afraid to over promise and under-deliver. We worry that we haven't had experience handling a matter exactly like this one or even if we have that others have more robust experience and more resources to bring to bear. While prospective clients need to be apprised of the legal issues they face, don't confuse the potential weaknesses of your client's case with your ability. Clients expect their attorney to exude confidence ' men don't seem to have a problem with that.

Some Negotiation Principles That Work

Our research has shown that applying negotiation principles to helps women to integrate what they know about their clients to build relationships and close more business. Strong communication skills including questioning and active listening help women to learn about their prospective client's needs and to respond with solutions that fit.

Enlist Allies to Gather Intelligence

Whether you are negotiating or rainmaking, the more you know, the better you are able to plan a strategy. For example, determining who will be making the 'buying' decision and how they will make it is a key piece of information. Not only is familiarity with the organizational chart and biographical information helpful, but so is digging deeper to understand the functional roles people play and how they relate to one another. Learning as much as you can about the culture of the company and the personalities of the stakeholders involved is also helpful.

But this kind of information won't be on the company Web site ' so how do you find out what you need to know? Successful negotiators and rainmakers both tap into networks that enable them to learn what will make it easy for people to say 'yes.' They ask people they know and trust to identify potential objections or challenges and they plan a strategy to minimize those concerns.

Position Your Firm's Value

Consider how and when in the business development cycle to articulate your firm's relevant strengths ' and link those strengths to your prospective client's needs. If, for example, your firm has been on the cutting edge representing clients in a particular practice area, you'll want to highlight that experience when pitching for business to other prospective clients who may be facing those same legal issues. Or, if you know that managing costs is a major concern, you will want to mention that your firm has invested in state of the art billing software so that clients are kept well informed about expenses in a timely manner. Making sure the value you bring is visible for all to see will not only help to win the business but also to ensure a healthy relationship ongoing.

Consider Your Alternatives ' and Theirs

One critical thing to keep in mind when you are negotiating is that, despite best efforts, you may not be able to reach an agreement with the other party. That possibility means that you must consider what your alternatives are and how good or bad they may be ' you have to devise a 'Plan B' or a BATNA (Best Alternative To A Negotiated Agreement). Is there another person or company with whom you might strike an agreement instead? What would be the downside to you if you waited to try to reach agreement? Considering your BATNA helps you to avoid agreements that do not meet your interests and to know when to 'walk away'. When developing business, thinking about your BATNA makes you less vulnerable to granting concessions 'in the moment' to gain business but that live on to impede profitability.

Conclusion

Negotiation is all about reaching agreement and so is rainmaking. Women who avoid getting in their own way in the ways described here as well as in other ways are more likely to close business. Applying these negotiation principles (and others) offers women the possibility to transform themselves into superlative rainmakers, thereby securing their places at the table.


Carol Frohlinger is a co-founder of Negotiating Women, Inc, a company that provides negotiation and leadership training and coaching for women and consulting services for their organizations. She holds a J.D. from Fordham University School of Law. This article draws from research conducted for Her Place at the Table: A Woman's Guide to Negotiating Five Key Challenges to Leadership Success, by Deborah Kolb, Judith Williams and Carol Frohlinger (Jossey-Bass/John Wiley, 2004).

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