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A Great Lawyer Must Be a Great Negotiator: Skills for You to Be the Best Negotiator in the Room

(3003 reviews)

Produced on November 10, 2016

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Course Information

Time 60 minutes
Difficulty Beginner

Course Description

A lawyer’s ability to negotiate is in many ways the most important skill a lawyer can have.  In this course, Technology Lawyer, negotiator, commentator, author, and frequent speaker on negotiating skills, Mark Grossman gives you the benefit of what he learned in his 30 plus years as a negotiator. Mr. Grossman utilizes Grossman-ism: “he who drafts sets the agenda” to discuss how to successfully approach a negotiation, genuinely listen during a negotiation, and even how to use back channel communication and technology such as WebEx to help move negotiations along.

As a bonus to movie buffs everywhere, he also discusses how to use an important takeaway in team negotiating strategy from Marlon Brando in “The Godfather.”  

Learning Objectives: 

  1. Understand the importance of knowing your BATNA - Best Alternative to a Negotiated Agreement

  2. Recognize why listening is an important negotiating skill
  3. Handle people who use bullying as a negotiating tactic
  4. Successfully negotiate in foreign countries
  5. Use the mere passage of time to your advantage
  6. Get the other side to reveal their unspoken agenda
  7. Trade items that are unimportant to you to gain important concessions
  8. Strategically use escalations to gain concessions
  9. Differentiate those rare situations where email negotiations help
  10. Identify how to use "authority" and “lack of authority” strategically
  11. Negotiate precise contract language

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Mark Grossman

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Mark Grossman is a 28-year business lawyer who began focusing his practice on technology over 20 years ago. This makes him an old-timer in a new practice area. He is also an author and frequent speaker on technology, outsourcing, and the art and science of negotiating deals. Mark's "TechLaw" column is published by "CIO Magazine."

Mark is AV-rated by Martindale-Hubbell, the highest level attainable, and was a member of the Florida Bar's Computer Law Committee. Further, his peers chose Mark to appear in the last several editions of The Best Lawyers in America. Since Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

A 1982 cum laude graduate of Georgetown University Law Center in Washington, D.C., Mark started in the big-firm world working on large corporate deals. Then he had his own firm for many years until one of Florida's larger law firms courted him in 1997. They asked him to start and lead their technology practice, which he did until 2005.

Mark started his career as a business lawyer gaining experience as a negotiator and litigator, but then began to focus his practice on technology, outsourcing, telecommunications, licensing, and custom development deals. Working on such deals led to experience with non-disclosure agreements, software audit disputes, computer use policies, the Internet, privacy policies, online contracts, e-commerce, document destruction policies, intellectual property, employment agreements, electronic discovery, and issues unique to start-ups.

Mark also has extensive experience as a litigator. Although he no longer litigates, Mark uses his experience as a litigator when he is negotiating dispute settlements. 

Mark's clients have ranged from clients selling technology-related goods and services who needed a lawyer who understood their industry, to working with clients on the buying side of a transaction. On that side, his clients have included banks, insurance companies, and medium and large sized businesses in many diverse industries. Mark's clients have ranged from startups to Fortune 100 companies.

Mark's technology clients all share the need for a lawyer with meaningful experience in technology law. In many cases, his clients are spending large amounts of money buying complex technologies and need to hire an attorney to insure that they have a meaningful contract.

In 1996, Mark started writing about technology law just as technology and the Internet were exploding and the dot com bubble started. He began his writing career with PC World Magazine. In 1997, he created his weekly "CyberLaw" column in South Florida's "Daily Business Review." In 2000, he renamed his column "TechLaw" and moved it to the Miami Herald where the column ran for many years. 

Since the mid-1990's, Mark has spoken to hundreds of groups domestically and internationally including multiple appearances at Georgetown University Law Center's Advanced Computer Law Institute, COMDEX in Las Vegas, and seminars offered by the American Corporate Counsel Association. He has also been a guest on many television and radio shows including ABC's "Nightline."

Mark authored the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know, and released a revised edition in 2009.

Mark has written for Washington's "Legal Times," the "Texas Lawyer," "The Recorder of San Francisco," the "University of Texas School of Law Review of Litigation," and the Florida Bar's "Computer Law Journal." He also co-authored a chapter called "Web Development Agreements" in the American Bar Association's book titled Internet Law for the Business Lawyer.

Currently, he is a member of the Board of Directors of the South Florida Technology Alliance, the Advisory Board of BNA's Electronic Commerce & Law Newsletter, and the Board of Editors of "Internet Law and Strategy," a publication of Law Journal Newsletters. 

Mark has served as Special Counsel for Technology for the X-Prize Foundation, a subject matter expert for the State of Florida's Internet Task Force, a member of the Board of Directors of the InternetCoast, General Counsel for the South Florida Interactive Marketing Association, and a member of the Board of Trustees of the Coral Gables Museum. He was a member of the Board of Advisors for the Global Sourcing Forum from 2007 to 2010. 

In 1998, Mark was one of three co-founders of the software company Eisenworld, Inc., which Microsoft acquired in 2006. Microsoft incorporated Eisenworld's "PC Relocator" software into Microsoft's Windows operating systems.

Mark received his B.A., with high honors, in 1979 from Stony Brook University. He is a member of the New York and Florida Bars.



Reviews

EK
Elizabeth K.

Great course

CW
Chris W.

Good, engaging session.

NM
Nisha M.

Excellent, easy to digest, engaging and super helpful. Thank you, Mr. Grossman.

LR
Leslie R.

The lecturer is very engaging.

SS
Stacey-Ann S.

Excellent instructor and course!

MA
Martha A.

Great Advice!!

EF
Edward F.

Exceptionally good presenter.

DL
Diane L.

Good points to remember when negotiating.

ES
Elizabeth S.

Excellent!

CD
Catherine D.

Very engaging presentation!

MS
Michael S.

Enjoyable and helpful

MP
Michael P.

Excellent communication focusing on pragmatism as well as technical law, which applies to so many contexts well outside of negotiation. This is the best presentation I've seen so far.

BJ
barb j.

Excellent !

DJ
DENIS J.

This course is superb and it behaves every lawyer to take it.

LR
Laura J. R.

One of the better speakers & courses I've listened to! Interesting, informative, not a bore or a chore!

GK
George K.

Really great presentation of material that will be useful to my practice.

AA
athanasia a.

excellent

TW
Thomas W.

Best online CLE presentation I have ever seen. Mr. Grossman is entertaining and informative and really knows his stuff.

BK
Brian K.

great course

JF
Jennifer F.

Mark Grossman was outstanding. I have negotiated complex international transactions for almost 30 years. Much of what Mark said I have learned through experience. I didn't agree with absolutely everything he said, but thought that he was outstanding and right on the nose on the substantial majority. One of the best CLE's provided by Lawline.

CK
Carla K.

Really enjoyed this -authoritative speaker good insights, creative solutions

PE
Patti E.

Excellent. Will follow Grossman on Twitter his advice was great.

KP
Karen P.

good speaker!

MP
Michael P.

This course was legitimately excellent.

BG
Bruce G.

Outstanding!

ME
Matthew E.

Thanks

JS
Joseph S.

Grossman is a great speaker

RN
Rajesh N.

Entertaining, fantastic materials, and excellent advice. I really appreciated this one.

AS
Andrew S.

Excellent presenter.

AM
Agnes M.

Wonderful presentation by Mr. Grossman - very enjoyable and will be extremely helpful to me in the coming weeks.

MM
Marion M.

Very useful information for negotiating.

CG
Cheryl G.

The "bully" segment was very appropriate.

JD
James D.

Excellent

SN
Sharmila N.

I’m going to listen to this a second time. It’s that good!

RC
rebecca c.

Great!

EF
Edward F.

Excellent presentation!

DS
Deborah S.

Excellent speaker!!

BS
Bonnie S.

Mr. Grossman was probably the best speaker I have heard in a long time. He was active and engaging!

AS
Andrea S.

Great

PZ
Peter Z.

By far the best MCLE course I have taken.

SP
Simrit P.

Excellent speaker!

AD
Alisa d.

Super speaker!

JF
Joshua F.

Excellent course.

JC
Joseph C.

Very well done—-I have been negotiating for over 30 years and there are always things to learn.

AW
Ashley W.

My favorite CLE of this cycle. Thank you!

DW
Donald W.

Pearls of wisdom.

NR
Nicholas R.

Superb

AC
Amanda C.

Fabulous. Can’t say enough positive things about about this speaker, the content, etc.

RD
ralph d.

Great job of bring together lots of practical strategic advice, good examples, Mr Grossman is an excellent speaker

HN
Heather N.

Excellent. One of my favorites so far.

MK
Michelle K.

Outstanding presentation and content

SW
Samantha W.

This was really quite substantive and entertaining! I will likely listen to this course several times!

GS
Gilbert S.

Very well presented and informative.

JM
Jaykumar M.

one of the best lawline classes

CG
Corrie g.

This was great! What a great presentation!

HP
Howard P.

Excellent

DF
Danielle F.

Good

MZ
Marien Z.

Very engaging speaker. I would watch more courses with him. Great tips and tricks.

BR
Barbara R.

EXCELLENT COURSE AND WELL PRESENTED

SC
Selina C.

Speaker was very enjoyable and knowledgeable. He confirmed that some of the negotiating methods that I use on a daily basis to be efficient. Learned some new things to try out

GR
georgianne r.

I really like the presenter, mark grossman

OM
Omotayo M.

I particularly liked this class because it discussed practical points in negotiations.

AP
Alaina P.

This was very insightful.

JD
John D.

Best yet

MW
Michael W.

Excellent Class.

JS
Jonathan S.

Excellent topic and insightful information.

RP
Rajan P.

Mr. Grossman is an excellent and effective speaker

PS
Patrick S.

I listened to this twice and probably will again. It is that good.

PP
Paula P.

very engaging speaker. helpful suggestions and approaches

PA
Paul A.

Thoughtful and lively. Well done

MS
Michelle S.

The Instructor was wonderful. I enjoy the courses presented by him. The topic and depth of information was perfect. Thank you.

SB
Sanjay B.

Great presentation and very useful suggestions

MN
Michael N.

Informative and easily listened to.

MD
Mary Carol D.

Excellent presenter and valuable information.

JP
Jill P.

Great presenter!

JW
Jonathan W.

The best of the Lawline videos I've seen thus far.

DS
Deborah S.

very effective speaker!

AP
April P.

Very good CLE. Great advice for negotiators!

JG
John G.

excellent pointers

EM
Elijah M.

Best

BM
Bonnie M.

Very interesting and helpful advice.

LG
Leo G.

An excellent presentation!

DH
Donald H.

informative

DS
dennis s.

excellent presenter - really useful.

MM
Melissa M.

Fantastic and enjoyable! Solid content!

JM
James M.

Very good speaker

SZ
Sheldon O Z.

The guy is great!

LB
Lisa B.

This presenter was very engaging and put on a very interesting and practical presentation.

PW
paul w.

By far, one of the best presenters on Lawline!

EL
Eric L.

Very competent presentation.

GP
Gary P.

excellent and interesting

DY
David Y.

Excellent primer on negotiation techniques and issues

AL
Andrew L.

Highly engaging and well done.

JM
JC M.

Very good

ZM
Zachary M.

A generous program by an engaging presenter.

DN
Doris N.

Very well done & great tips

IM
Isha M.

Marc Grossman is excellent

DT
Daria T.

Great seminar, thank you :)

MS
Michael S.

One of the best I have heard!

RC
Roger C.

Great speaker

JC
Jaclyn C.

great

AB
andrea b.

Great program....wished I'd have listened to this last week!!

EA
Eric A.

Mark Grossman is one of the best presenters out there!

JC
John C.

Very good, lots of practical advice.

LR
lawrence r.

very well prepared and clear

MD
Mona D.

This was a fantastic class that kept my attention.

NB
Nadia B.

Engaging and practical

WS
William S.

Very good suggestions. Worth listening to a second time.

TS
Thomas S.

Fun course and great things to think about!!

HB
howard b.

good

AG
Andrea G.

Best speaker of all of the ones I have listened to so far. He was engaging and provided useful tools to use right away.

AC
Anna C.

Excellent program, highly recommended.

PB
peter b.

good

SP
Shari P.

EXCELLENT SPEAKER

RB
Reva B.

GREAT!!!

DC
Daniel C.

Mark is so good and entertaining

EE
Elizabeth E.

Great program. Best most useful so far

MD
Michael D.

excellent presenter

AF
A E F.

Engaging presentation. Thank you.

PS
Patrick S.

Excellent content and presentation.

JE
James E.

I like the fact I can take notes online.

DE
Denise E.

Very good instructor.

WC
WendyJuli-Q@10 C.

Excellent!!

DM
Donald M.

Excellent program.

MB
Melea B.

Engaging man.

AH
ANDREW H.

EXCELLENT

MB
Michael B.

Thank you.

KP
Kimberly P.

This is a very interesting, well thought out, practical course. One of the best I've taken!

SK
Stephen K.

Absolutely superb presentation.

RB
Radley B.

This Attorney gave great advice

SO
Sydney O.

Great, practical information.

EA
Elisa A.

Excellent presentation! An engaging speaker who gave excellent advice. Clearly knows his topic.

JC
Joseph C.

One of the best courses I have ever heard on the subject

JB
Jacob B.

Great speaker and topic!

EB
Edward B.

insightful and also entertaining

NS
nazmeen s.

great tips on negotiation!

KC
Kimberly C.

Learned a lot from a dynamic presenter!

AA
Alicia A.

Excellent speaker, excellent content. Hands down best CLE I have taken via LawLine to date. Thank you Mark Grossman.

JB
John B.

Best Lawline course so far.

DR
David R.

Best cle program on this platform.

JK
Jamilee K.

Mr. Grossman was excellent. He held my interest throughout his entire presentation.

YS
Yvette S.

Very knowledgeable presenter. Helpful tips

JR
Joseph R.

terrific speaker and extremely organized

SH
Suzanne H.

One of the best courses I have taken on Lawline.

JF
Jeremy F.

very solid on fundamentals, plus some more advanced points; personable

EC
Elizabeth C.

Good points in concise form

LS
Larry S.

This guy is great.

BW
Barbara W.

Engaging, well-spoken presenter.

PG
Peter A G.

Excellent

AM
Alexander M.

Great course

JB
John B.

Excellent presenter with excellent content . Would love to see more courses from this speaker.

WA
Warren A.

One of the better Lawline CLE’s I’ve found: good advice and refreshers for new and veteran negotiators.

DS
Darryl S.

Great! Well done

JO
John O.

Another great presentation Another great presentation

TT
Thomas T.

Great presentation by an excellent lecturer.

RB
Robert B.

very entertaining. Enjoyable.

KM
Karen M.

Excellent presentation.

RL
Ronald N. L.

Very charismatic and interesting speaker. Wish more speakers had character as Grossman.

BK
Brenda K.

Excellent presentation!

SE
Susan E.

Very good course.

RM
Regina M.

Well done! Well delivered!

CC
Cheryl C.

Great speaker - entertaining and useful practical take away points to use in practice and life.

JJ
Joey J.

Well delivered, and well taught !!!

DF
Denise F.

Great information, exceptionally presented.

AS
Andrew S.

Dynamic and entertaining

RG
Richard G.

On of the most informative, practical, and entertaining CLE classes ever!

LB
Louis B.

Very Helpful.

DC
Doug C.

Awesome presentation. Best CLE yet!

MC
Mary C.

Good advice given

MD
Micheal D.

Insightful knowledge on process and positioning in ADR. Helpful info for when engaging in the process.

DM
Doreen M.

I really enjoyed this program and I will make use of the great negotiation tips. My husband was listening in and we both laughed when we heard your car purchase story because we have been through that scenario. You had such a novel solution to the problem!

RF
Robert F.

One of the most informative lectures excellently presented.

LC
Linda C.

Great program. Very informative and entertaining.

JZ
Jack Z.

excellent

PS
Pam S.

Lots of useful tips, even for experienced negotiators, from an excellent speaker. The hour went very quickly!

LD
Louis D.

Excellent practical advice.

ED
Elizabeth D.

Loved this course Loved this course

RD
Randolph D.

Very entertaining and interesting

CM
Cullen M.

Great presentation! Never a dull moment. Held my attention all the way through. Lots of practical advice.

AP
Andrew P.

Good information Great presentation

KC
Kitty C.

Excellent speaker!

JE
John E.

Facilitator was extremely engaging.

JA
James A.

good ideas presented

DS
David S.

Thoroughly enjoyed this presentation.

RC
Ralph W. C.

Excellent review.

AB
Alan B.

Mr Grossman was Outstanding. His use of real life situations in negotiations was most helpful

DF
David F.

Great presenter

CT
Carol T.

Excellent!

BG
Beth G.

Informative and entertaining!

NZ
N. Theodore Zink, Jr. Z.

Brilliant course, one of the very best. Attorney Grossman was outstanding.

FJ
Frederick J.

Very articulate speaker, very creative.

FA
Folasade A.

Very knowledgeable presenter! Engaging! Seemed to enjoy his area of expertise, and that conveyed to his audience!

NC
Nanette C.

excellent, very energetic presentation with engaging commentary, fine examples.

SK
Steven K.

I also took my daughter car shopping to teach lessons in negotiations!

MK
Martin K.

Fantastic.

TS
Theodor S.

Loved the way he incorporated the Godfather into his negotiation discussion. Entertaining and informative

DD
David D.

Great

WF
Warren F.

MR. Grossman is a truly excellent speaker.

KS
Karen S.

Amazing speaker! Learned a lot!

DS
Daniel S.

Very interesting and informative CLE. Would recommend to anyone doing deals as an attorney.

CA
C. T. A.

Excellent content from an experienced negotiator. Also, an entertaining presentation.

TC
Thomas C.

Excellent!

LK
Linda K.

excellent presentation

JH
John H.

Best advice came last - control the document, control the negotiation

KP
Keith P.

Excellent speaker

ES
Elizabeth S.

Best cle I’ve ever taken!!!!!!!

EL
Edmund L.

awesome lecturer

ML
Maureen L.

Great speaker. Slides were nice in that not too much writing, but gave you a key word to focus on.

FM
francisco javier m.

really good; useful tips

MO
Mary Ann O.

Awesome!

WE
William David E.

More geared to large group negotiations than one on one but good.

AK
Anthony K.

So far, this has been my favorite seminar.

JI
John I.

Excellent

TZ
Tole Z.

Mark killed it on this one. Really good, practical and engaging.

AB
Andrea B.

Excellent presentation!

KO
Karl O.

A good general overview of how to negotiate.

PO
Philip O.

fabulous speak with great tips

MW
Michael W.

Very good 1 hour program -- good stories and anecdotes illustrate important principles

PK
Paul K.

well presented

MH
Monica H.

Excellant information!!

BC
Bryan C.

fantastic program

ET
Ellen T.

Excellent

DF
Daniel F.

Very entertaining and informative!

CM
Cynthia Coulter M.

It was a good presentation. I listened twice to make sure I didn’t miss anything.

SM
Susan M.

Great tips on negotiations I would watch more CLEs from Mr. Grossman!

BS
Bari S.

Great program

KN
Katherine N.

Light, but very helpful. Some common sense recommendations that are so easy to forget in the throes of a negotiation.

CL
Chun L.

Very helpful and practical information on a challenging topic.

WM
Wendy M.

Outstanding content & speaker. Very useful insights & material.

LO
Lisa O.

Great presentation! One of the best I have seen.

HS
HYUNJI S.

Very Helpful!

SM
S.A. M.

Every word was necessary - shortest CLE program I have EVER sat through - "amazing," as they say

MM
Mary M.

Loved this guy!

AF
Aubrey F.

Mark was an excellent speaker! As a lawyer whose day-to-day job is major government contract negotiations, I have listened to a number of speakers on this very topic. Mark has been my favorite by far- there were a lot of very detailed suggestions that I will begin applying in my negotiations and keep in my toolbox for later. Another excellent Lawline presenter!

SS
Sandra S.

Very entertaining, engaging, and useful presentation!

JP
Julie P.

Excellent speaker. Excellent program.

RP
Rosario P.

He is a great presenter

DP
Dana P.

Wow! Valuable content and entertaining as well. Great choice.

NP
Nancy P.

speaker was very enthusiastic-- and gave good practical advice.

DD
dante d.

Traditional principles with good delivery

AH
Aishania H.

Interesting and useful presentation with great examples.

SS
susan s.

He was awesome.

MT
Mary T.

Excellent.

IG
Iris G.

Very interesting and informative.

LF
Lawrence F.

Very good speaker.

SO
Sean O.

Good

RR
Richard R.

Engaging Speaker.

DM
Daniel M.

Good speaker. Useful.

EZ
Emily Z.

pretty good; dynamic speaker

SW
Severin W.

Well done!

TB
Tara B.

Engaging and helpful

JK
John K.

The speaker had a great and funny demeanor and presented the information in an interesting fashion.

RB
Rhiannon B.

Great speaker

GR
Gary R.

Good speaker

MC
Mark C.

Good course

JE
Jonathan E.

Both amusing and informative.

MW
Mark W.

Mr. Grossman is an excellent speaker which made this CLE presentation one of the best I have a listened to on your platform.

BU
Brian U.

Instructor was one of the best I have viewed on Lawline.

KG
Kenneth G.

Excellent speaker

MM
michael m.

Excellent material and education

PW
Philip W.

Very enlightening

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