Beware Lawyers Who Negotiate Using “Bizarre Scenario Bingo”
Negotiation is a skill, but sometimes it can cause more harm than good. Read about how the use of 'bizarre scenarios' can hinder, not help, negotiations.
Bizarre Scenario Bingo is when your lawyers get caught up in the negotiation with each making up even more bizarre scenarios to justify why they need to have certain provisions included in the contract. For example:
“The computer systems in the customer’s take away food store going down could cause someone to die and therefore the customer wants an indemnity for losses resulting from a death caused by the IT vendor”
Best to have everyone take a deep breath at this stage and focus on pragmatic solutions to the negotiation. Clients should give clear instructions to their lawyers at this time to focus on what is really important and not get carried away with the lawyer getting Negotiating Trophies (bizarre provisions which only serve to inflate both legal bills and the ego of the lawyer asking for them)
The Helpful Lawyer
Dominic is the CEO of Lawpath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.