Agreeable, Amenable and Malleable to Win
In order to consistently prevail you must be agreeable, amenable, and malleable. These characteristics make it possible to gain trust, show compromise, and restructure deals.

It is so easy, and similarly, adolescent to stand firmly on your position and refuse to yield. This flexing of muscles does nothing but send you home empty handed. In the world of law and deals, the only win is when the case is resolved at a fair bargain, says Marc J. Bern & Partners.

It is inexcusable to believe that your adversary is motivated to pay you a cent when you continually insult and declare war. The greater position is one of gaining respect by portraying fairness and displaying knowledge and experience.

Prior to the negotiation or trial, take a deep breath and consider your multiple options. Anticipate what your adversary will say and prepare optional responses. Be prepared to give in to arguments that are sound, and then highlight your strengths. It is easy to agree to defenses when they are accurate and obvious. Compromise on points that you, reasonably, cannot win. By isolating your strengths, you weaken your adversary’s position. It is akin to telling a jury in opening statement that your client was, previously, convicted of a crime. This admission by you takes the wind out of the opposing lawyers sails.

Be the matador, not the bull, having presence of mind to shift, back up and respond strongly when appropriate. Always keep your head up watching and thinking, unlike the bull with his head down, attacking. You will head either home or back to the office with a successful result and a happy client.

If you or a loved one has been injured in an accident, you may be entitled to compensation. Marc J. Bern & Partners and its professional team of lawyers can evaluate your situation and determine the next steps to gain justice for you and your family. Marc J. Bern & Partners has fought against all kinds of companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury.

Marc J. Bern & Partners is prepared to go to court and have a trial if necessary. Please fill out the form or call us. Please specifically mention that you read this blog when contacting me.