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 Skills of Negotiation And Signing legal services proposal Nguyen Huu Phuoc – Managing Partner Phuoc & Partners - “A Business Approach to Legal Service” - 28 November 2021 AGENDA Brief introduction of the Lecturer Why is client lawyer agreement a must for lawyer? Types of client lawyer agreement Mandatory and optional clauses of a client lawyer agreement Steps of lawyer-client engagement – client perspective Purpose of negotiation and Forms of negotiation 06/06/2020 Steps of negotiation Negotiation styles Common negotiation mistakes of lawyers 10 Case studies 11 Tips for improving lawyer negotiating skills 12 Question & answer PHUOC & PARTNERS BRIEF INTRODUCTION OF LECTURER Working experience • Founder of Phuoc & Partners Law Firm since 2003 • Leading lawyer in Tax and Labour & Employment practices Legal knowledge • LLM in International Trade Law at Bristol Law School (UWE) • LLB from the General University of Nguyen Huu Phuoc Director & Managing Partner Ho Chi Minh City (Law Major) phuoc.nguyen@phuoc-partner.com • Bachelor of Arts in languages (English) from the Pedagogical University 06/06/2020 PHUOC & PARTNERS Sole author of the book “Start-up Guide with the Lawyer Profession” (2016) Co-author of Lawyer Handbook (2018) Co-author of Teaching Book of Lawyer Practicing Skills (2019) P U B L I C AT I O N W O R K S 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? 06/06/2020 PHUOC & PARTNERS TYPES OF CLIENT-LAWYER AGREEMENT Legal services proposal / agreement Quote Bid Estimate What else? 06/06/2020 PHUOC & PARTNERS MANDATORY AND OPTIONAL CLAUSES OF A CLIENT LAWYER AGREEMENT Mandatory clauses Option clauses 06/06/2020 PHUOC & PARTNERS Mandatory clauses 06/06/2020 • • • • • • • • • Subject of contract Agreed scope of work Rights and obligations of each party Legal service fees Payment term Termination Damage Jurisdiction What else? PHUOC & PARTNERS Optional clauses 06/06/2020 • • • • • • • Confidentiality Force Majeure Notice Conflict of interest Limited liability of lawyer Dispute settlement What else? PHUOC & PARTNERS STEPS OF LAWYER-CLIENT ENGAGEMENT – CLIENT PERSPECTIVE Identifying a legal need Researching lawyer vendors (optional) Requesting for quote/legal services proposal/estimate/bid Vendor interview (optional) 06/06/2020 Identifying 03 lawyer vendors (optional) PHUOC & PARTNERS 10 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 06/06/2020 PHUOC & PARTNERS 25 10 06/06/2020 TIPS FOR IMPROVING LAWYER NEGOTIATION SKILL PHUOC & PARTNERS 26 Well being prepared Making trade-offs Knowing exactly what you want 10 Exploring other possibilities Considering alternatives Taking your time Having proper communication 12 Understanding your position and also getting to know the client’s position 11 Taking a break Listening carefully 13 Presenting multiple equivalent offers simultaneously Seeking a win-win solution 14 Trying a contingent contract Not taking the issues or the behaviour of the client personally 15 Planning for the implementation stage 06/06/2020 16 Change the line-up 27 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, lifestyle etc.) • Checking laws relating to the law topic to be discussed • Plan B • Your best outcome and bottom line • What else? 06/06/2020 Knowing exactly what you want • Getting the expected legal service fee • Wining the client • Retaining the existing client • Getting the assigned work (interesting, workload, learning …) • What else? PHUOC & PARTNERS 28 TIPS For Improving Lawyer Negotiation Skill Taking your time 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? 06/06/2020 • • • • Being patient Making mind cool Building relationship What else? PHUOC & PARTNERS 29 TIPS For Improving Lawyer Negotiation Skill 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? 06/06/2020 Listening carefully • Paying close attention to what the client is saying • Asking clarifying question • Rephrasing what the person says to ensure understanding • What else? PHUOC & PARTNERS 30 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? 06/06/2020 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? PHUOC & PARTNERS 31 TIPS For Improving Lawyer Negotiation Skill Making trade-offs • Balance two opposing situations or qualities (I will this if you that) • What else? 06/06/2020 Exploring other possibilities • Being flexible • Willing to compromise when necessary • What else? PHUOC & PARTNERS 32 TIPS For Improving Lawyer Negotiation Skill Taking a break Understanding your position and also getting to know the client’s position • 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 • What else? • Are you a leading lawyer in the area of law of the client’s request? • How is your ranking in the legal market? • How large size the client is? • How urgent is the client’s need” • What else? 06/06/2020 PHUOC & PARTNERS 33 TIPS For Improving Lawyer Negotiation Skill Presenting multiple equivalent offers simultaneously • 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 • What else? 06/06/2020 Trying a contingent contract • Penalizing you for late completion • Rewarding you for early completion • What else? PHUOC & PARTNERS 34 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? 06/06/2020 Change the line-up • Bringing in a new negotiator with fresh eyes, free of any emotional baggage or personality clashes • What else? PHUOC & PARTNERS 35 11 CASE STUDY ABC is one of the largest consumers good companies in Vietnam In January every year, ABC puts out a request for bids for a selected aw firm to provide legal services to it and its subsidiaries Due to the negative impact of infectious disease caused by coronavirus, budgeted cost of legal fees 2020 is very limited Once a law firm is selected, ABC starts a negotiation process in order to facilitate the best fee proposal and legal service on this undertaking ABC has received numerous bids for the legal services from various law firms ABC has decided to enter negotiations with some law firms which passed the first round of its internal assessment and requested its both Inhouse counsel (young Vietnamese male) and CFO (old Malaysian female) to negotiate legal services agreement with representatives of the law firms While the In-house counsel is familiar with such kind of negotiation, the CFO is quite new to such kind of task Although your law firm is a high ranking one in the legal market but has not won such a large client like ABC 06/06/2020 PHUOC & PARTNERS 36 Request: Please divide the class into groups of discussion (15 minutes) and one representative of each group will present within 05 minutes 11 CASE STUDY (CONT.) ❑- the group’s negotiation plan; ❑- the group’s suitable style of negotiation; ❑- the group’s proposed negotiation strategy; and ❑- the group’s negotiation steps 06/06/2020 PHUOC & PARTNERS 37 Q&A 06/06/2020 PHUOC & PARTNERS 38 THANKS # 70 Quoc Huong Street, Thao Dien Ward, District +84 28 3622 3522 info@phuoc-partner.com ... client • Minimizing risks • What else? 06/06/2020 PHUOC & PARTNERS TYPES OF CLIENT-LAWYER AGREEMENT Legal services proposal / agreement Quote Bid Estimate What else? 06/06/2020 PHUOC & PARTNERS... Jurisdiction What else? PHUOC & PARTNERS Optional clauses 06/06/2020 • • • • • • • Confidentiality Force Majeure Notice Conflict of interest Limited liability of lawyer Dispute settlement What else? PHUOC... Solution finding for problems/disputes Alternative finding What else? 06/06/2020 PHUOC & PARTNERS 12 FORMS OF NEGOTIATION Telephone What else? Email /Letter /Fax 06/06/2020 Meeting (face to face/online)