Best Practices in Negotiation–Free is a Four-Letter Word
Best Practices in Negotiation–Free is a Four-Letter Word
A bankruptcy lawyer offers a 30 minute, free initial consultation for consumers.
I learned about her because another attorney and I were discussing marketing tactics, and he mentioned the bankruptcy practitioner, whose office is in the same building. “She has a line of clients out the door,” he noted, with admiration.
Naturally, I attributed part of that apparent success to the economy. Millions are in financial distress, so helping folks battle insolvency by fending off swarms of swooping creditors, can be big business.
Yet, you also have to ask, to what extent is the free, initial consultation an attraction? Would an imposed charge at the first meeting thin the standing room-only crowds?
I believe the freebie is necessary because it serves both parties, especially the attorney:
She can quickly determine
whether the prospective client qualifies. Maybe a recent filing precludes a current one.
She can ask a few questions to learn what Chapter the person qualifies for: 7 or 13
She can determine if there is an impending garnishment of wages, a tax lien, or an auto repossession that requires a swift filing at the earliest possible moment.
She can learn if the client can afford to retain legal counsel.
She can sense if the client will be too much of a headache or too demanding, and this should be avoided.
All of these things, and more need to be learned and assessed. So, the “free” meeting really serves the information provider. In this sense, it is neither “free,” nor is it gratuitous. It is essential. I have no problem with this type of business enticement. Inevitably, the lawyer will dispense a modicum of helpful advice,
gratis. Practically speaking, it is unavoidable.
I don’t see this as a loss, but part of a larger “win + win” scenario for the parties. Consider it an investment in the relationship.
Where I do find FREE inappropriate, offensive, and as profane as a four-letter word, is where the information being sought is:
(a) Valuable and usually dispensed carefully and thoughtfully in the ordinary course of a professional’s practice. Taking the same scenario, the client that gets 30 minutes has no right to insist the lawyer prepare the filing, involving considerable time and expertise, for free as well.
(b) Other people typically pay for this information. Lots of lawyers will offer a free initial consultation. It’s somewhat standard. But if someone comes to me to critique a sales or service script, then he has to pay. I know of no consultant that does this for
free. It isn’t standard.
(c) The freebie seeker can afford to pay the going rate, yet wants to get something for nothing.
(d) The information provider is deceived into believing that “Free will become fee.” Ad agencies, graphic designers, writers, and lots of creatives are victimized. They’re asked to submit proposals on spec, addressing the very task the client wants to accomplish. Ad agencies will be asked to pitch their concept for theme development for a new shopping mall. In principle, if their proposed campaign is attractive, their bid will be chosen. In reality, the client is simply brain-picking, with no intention to retain an agency, thinking it will combine or disguise the contributions and use them for FREE.
(e) Free is requested or demanded without a corresponding duty on the part of the freebie-seeker. For example, if you go to the cosmetics
counter at a department store, you may be treated to a goodie bag, “Free with your purchase.” That’s fair, but free without purchase or ANY obligation to reciprocate, is patently unfair.
More to the point, it is unsustainable, economically. The lawyer, consultant, writer, artist or worker of any kind that gives away her talents cannot invest the same hours and days in paying work.
Free-precludes-fee, instead of leading to it.
To be asked to do your work for nothing is unrealistic and insulting.
Don’t be conned into doing it.
Dr. Gary S. Goodman is a top speaker, sales, service, and negotiation consultant, attorney, TV and radio commentator and the best-selling author of 12 books. He conducts seminars and speaks at convention programs around the world. His top-rated seminar, “Best Practices in Negotiation” is offered at UCLA and UC Berkeley
Extension. His new audio program is Nightingale-Conant’s “Crystal Clear Communication: How to Explain Anything Clearly in Speech & Writing.” He can be contacted at gary@customersatisfaction.com about professional speeches, seminars, and consulting engagements.
Dr. Gary S. Goodman is a top speaker, sales, service, and negotiation consultant, attorney, TV and radio commentator and the best-selling author of 12 books. He conducts seminars and speaks at convention programs around the world. His highly-rated seminar, “Best Practices in Negotiation” is offered at UC Berkeley and UCLA Extension. His new audio program is Nightingale-Conant\’s \”Crystal Clear Communication: How to Explain Anything Clearly in Speech & Writing.\” He can be contacted at gary@customersatisfaction.com.
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In this 6-part (each 30-minute segment is posted separately) oral history interview, writers Glen and Les Charles, writing-partner brothers, talk about growing up near Las Vegas, Nevada and their decision in the mid-70s to try their hand at writing for television. They discuss selling their first script (to M*A*S*H) and their break into staff writing at MTM Productions where they worked as writer-producers on “Phyllis” and the final season of “The Bob Newhart Show”. They talk about other writing assignments on such series as “The Mary Tyler More Show” and “The Betty White Show”. They detail working on the hit series “Taxi”, for which they produced (and wrote for) the ABC run [the show would run a final season on NBC]. The two chronicle their creation (with James Burrows) of the series “Cheers” for which they served as producers and later executive producers during the 11 year run. This is part of a multi-part oral history interview. To see if other segments of the interview are available, visit TVLEGENDS channel playlists or emmytvlegends.org
Video Rating: 5 / 5
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