When you think of a lawyer negotiating, your mind probably jumps to a dramatic courtroom scene or a tense, high-stakes deal closing in a skyscraper boardroom. As a junior lawyer, those moments can feel a long way off. But negotiation isn't just for senior partners. It's a skill you use every single day, often without even realizing it. You negotiate with opposing counsel over discovery deadlines, with a senior associate over the scope of a research project, and even with a vendor over the terms of a service agreement. Every one of these small interactions is an opportunity to practice and build your negotiation muscles. Mastering this skill early is one of the fastest ways to prove your value, gain the trust of your colleagues and clients, and set yourself on a path to becoming an indispensable advisor. This is your guide to building those skills from day one.

The Power of Preparation and Issue Lists

Great negotiators are not born; they are made. And they are made through obsessive preparation. Before any negotiation, even a simple phone call about a scheduling issue, you must do your homework. The most powerful preparation tool is a simple issue list. This is just a document where you write down every single point you need to discuss or resolve. For each issue, identify your ideal outcome, your acceptable outcome, and any potential compromises you could offer. This simple act of writing everything down forces you to think clearly and prevents you from getting flustered and forgetting a key point in the heat of the moment. Walking into a negotiation without an issue list is like trying to build furniture without the instructions.

Set Goals and Know Your BATNA

Every negotiation needs a goal. But you also need a plan for what happens if you can't reach that goal. This is where your BATNA comes in. BATNA stands for "Best Alternative to a Negotiated Agreement." In simple terms, it's your walk-away plan. If you can't agree on a deadline with opposing counsel, what is your BATNA? It might be filing a motion with the court to compel a response. Knowing your BATNA is a superpower because it gives you the confidence to say no to a bad deal. It's your safety net. Before any negotiation, you should be able to clearly state your primary goal and your BATNA.

Read the Other Side's Incentives

A negotiation is not a battle to be won; it’s a puzzle to be solved together. To solve the puzzle, you need to understand what the other side truly wants. They may say they want one thing, but their underlying interests or incentives might be different. A junior lawyer on the other side of a case might be under immense pressure from their partner to look tough, even if they privately agree with your position. An in-house contact might be more worried about getting a project approved by their boss than about the specific contract language. Spend time thinking about the pressures, goals, and constraints the other person is facing. Understanding their world helps you find creative solutions that make them look good while also achieving your own goals.

Build Rapport Before You Make Demands

People are more likely to cooperate with people they like and trust. You don't have to be best friends with opposing counsel, but building a professional and respectful rapport is a strategic advantage. Start a conversation by asking a simple, human question about their weekend or a recent holiday. Find some small point of common ground. This simple act of building a connection, even a minor one, changes the dynamic from adversarial to collaborative. It makes it easier to have tough conversations later because you’ve established a foundation of mutual respect. Tone is a tool. A calm, confident, and professional tone is far more persuasive than an aggressive or emotional one.

Ask Great Questions and Actually Listen

The best negotiators often talk the least. They spend most of their time asking thoughtful questions and actively listening to the answers. As a junior lawyer, your instinct might be to jump in and show how much you know. Resist this urge. Instead, get curious. Ask open-ended questions that start with "what," "how," and "why." For example, instead of saying "We can't agree to that," try asking, "Can you help me understand why that provision is so important to you?" This not only gives you valuable information but also makes the other side feel heard and respected, which can de-escalate tension.

Frame the Issue and Trade Variables

How you frame a proposal can dramatically change how it's received. Instead of presenting a request as a demand, frame it as a joint problem to be solved. Rather than saying, "I need an extension," you could say, "It looks like we're both facing a tight deadline here. How can we work together to ensure we both have enough time to do a thorough job?" You should also look for variables to trade. Not everything has the same value to both sides. You might be willing to concede on a minor reporting clause in a contract in exchange for a more favorable payment term. A successful negotiation is often a series of small trades that leaves both parties feeling like they got something they valued.

Draft Language That Preserves Your Leverage

Your work as a negotiator doesn't end when the call is over. It continues in the documents you draft. The lawyer who holds the pen has significant power. When you are responsible for drafting or revising a document after a discussion, you have the opportunity to frame the language in a way that reflects your understanding of the agreement and protects your client's interests. Use clear, unambiguous language. If a point was left open, you can propose language that serves as a favorable starting point for the next round of discussion.

Learn from Redlines and Post-Mortems

Every negotiation is a learning opportunity. After you get a redlined document back from the other side, don't just process the changes. Study them. What did they accept? What did they push back on? Their edits are a roadmap to their priorities. It’s also incredibly valuable to do a "post-mortem" with your team after a negotiation concludes. Discuss what went well, what could have gone better, and what you learned about the other side's strategy. This habit of reflection is what separates good negotiators from great ones over the long run.

A 90-Day Plan to Build Your Reps

You can intentionally build your skills with a simple plan. In your first 30 days, focus on preparation. Before your next five phone calls with opposing counsel or a client, create a written issue list, even for minor topics. In the next 30 days, focus on active listening. In your next three negotiations, set a goal to speak 30 percent of the time and listen 70 percent of the time, focusing on asking open-ended questions. In the final 30 days, focus on reflection. After your next significant negotiation, write a one-page personal post-mortem on what you learned and what you would do differently next time.