Featuring Richard Solomon, noted attorney

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Episode Transcript

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Yets Hawks Sapless. Hey, keepthe music on, keep the music going.
Here we go. All right,tonight show Master Negotiating Tactics. Hey,
whatever industry you're in, this isgoing to be of high value to
you. Welcome to another edition ofMind your Business. I'm back on the
set with a good buddy, notedattorney Richard Solomon, and tonight show is

(01:11):
going to be all about master negotiatingtactics. Well, welcome to another additional
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and zeb Brenner, the veteran radiopersonality. Thank you for that shout apt
without further ado, Richard Solomon,Master Negotiating Tactics. Now you're an attorney,
You're in the courtroom, dealing withclients. You're dealing with all types
of scenarios. Sometimes, you know, there's a there's a term zero sum
game. Sometimes you gotta give alittle bit. Sometimes you can't sometimes,

(03:00):
so I know we're gonna hand overthe floor to you. But it's not
a simple thing. There is noright there. Let's you know austraight,
you know, like to get frommy office to JFK, you get on
the Bell Parkway if the traffic cango up Pennsylvania Avenue. But you deal
with negotiating. There's a lot offine points. Here's a lot of skill
that's involved. Richard. Where dowe go from here? You just your

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title master negotiating Tactics. You makeit sound simple. Huh. Well,
First of all, thank you forthe honor of you. Yes, there's
a privilege to be here, andthere's a privilege to be on the iHeart
Radio networks. So thank you forthat of course, and congratulations on the
ratings. Let me give you atypical scenario to start with, and I'm

(03:44):
gonna give you a great story rightafter that. The typical scenario for let's
say, for lawyers, because there'sall kinds of negotiations. There's all kinds
of context. There's lawsuits, there'scontracts, there's employment, joint venture.
I have a list here, developmentcontracts, a suppliers, entertainment. This
all kinds of things which provide anegotiation platform or context. But the typical

(04:04):
one that a lot of people seeon television and I experience all the time
is courtroom negotiations. And there's alwayslike this flawed model in courtroom negotiations.
You got to in front of thejudge. It's now everybody's exhausted from two
or three years of you know,exchange of information called discovery. The court

(04:25):
doesn't want to try the case.It's going to be expensive and long.
If you have to pick a jury, are enough, it's gonna be long.
Nobody wants to serve. So thereyou are, and the judge says
to the plaintiff, plaintiff, whatare you looking for? Hundred bucks?
You know, they just throw somekind of number out there, and then
they look at the defense and theysay, well, what's your reply?

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Five dollars. So right away westart with a polarization and the tug of
war begins, and there's a mindsetthat if I give up a dollar,
it's one less dollar for me andone more dollars for you. And then
there's all this emotion that's attached tomoney. You know, I'm winning,
I'm losing. It's and I'm like, I look at it very differently.

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First thing you had to do,no matter what, is do your homework,
okay, And you can't start withjust numbers. And I'm gonna give
you a quick story. A longtime ago in another county, I was
given a file. An attorney wasretiring and I was given the file because
the person was going to move outof state and give up the practice of

(05:31):
law. And they said, okay, this is what we got. We
have a sophisticated client. They wentinto a deal. They leased some equipment.
Because of COVID, the equipment wasnot usable. Imagine like something like
say dental equipment, where you knowyou're in people's faces, and this is
at the height where you can't havepersonal contact six feet away the whole bit.

(05:53):
So there was sort of like thisimpossibility of performance thing. But I
was told it's all boilerplate. It'snot much you can do. So I'm
like, the LA's not really thatgood. That doesn't give you much to
work with. So I looked atthis very carefully. So the first path
is the least says X you wantto pay why? And there becomes the

(06:14):
tug of war. Right. Ilooked at this and I said to the
client, who was a very sophisticatedperson, I said, did you look
at what you signed? He goes, yeah, yeah, it's standard.
I said, did you really lookat that? That really fine print?
Do you see what's in there?Because well, what'd you find? I
said, Well, the company isin Texas and they want Wyoming law.

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Just changing it up, all right, So I said, so I made
a motion to amend the answer thatsays, look, nobody hears from Wyoming.
The judge doesn't know Wyoming law.None of us are members of the
Wyoming bar. I don't know howyou're gonna apply Wyoming law. And it
just so happened. When I lookedup the particular law there was a lot

(06:59):
of his escape clauses under Wyoming contractsto obviate the harshness of the COVID situation.
So, all of a sudden,by doing my homework, I was
able to escape the polarization of onehundred five blah blah blah. And I
said, how are you How arewe going to deal with the fact that

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nobody's from Wyoming and there's all thesedefenses, and we're going to be scurrying
around guessing what a Wyoming court woulddo. When I in Wyoming apparently went
to the suis here, and allof a sudden, I changed the entire
dynamic of the polarization by doing homeworkand getting sort of a tactical leverage.

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There's all these people who have allthese books, and there are a lot
of great books. There's the Harvardgetting Tes book. There's the book called
Never Split the Difference by a guynamed Chris Boss. I think it was
an FBI hosta negotiator. He talksabout tactical empathy, and one of his
bignes in his negotiations is you presenta problem to the other side, like,
well, how am I supposed todo that? You know, like,

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I guess because he's talking about ransom. Oh, we need a million
by million dollars by tomorrow. Well, how am I supposed to do that?
You know? And then you throwthe problem back at them in some
ways, I said, well,how are we going to deal with this?
So I was able to get abetter resolution than the one hundred five
nine ten, you know, andthis and that they have to maybe you

(08:28):
need a mediator and everybody you knowhow mediation actually works. You know it's
good, but they just tell eachside how terribly flawed their position is,
to get them to weaken, toget them sort of sort of in the
middle. And then of course thisis how much are you going to spend
to save the money. That's alsoa big problem is the hemorrhaging of time

(08:48):
and money to save a dollar.You know, that's another issue. But
you got to do your homework.And then you know, there's all kinds
of style. There's no one wayto negotiate anything. And one of the
things that you know I talked aboutsaying pre production was the different questions in
negotiation is, like number one,who's not going to be the negotiator?

(09:09):
Do you have a situation like likebaseball where you have the starting pitcher and
then you have someone who come into do the relief pitching. You know
that kind of thing. Do yousend the people without authority so that they
have plausible deniability and then they haveto quote get authority. You see that
sort of way with insurance type situationswhere there are people who negotiating and of

(09:35):
course they have to say, Idon't have the authority. I gotta go
get it. And of course incourt they always say you're supposed to come
with authority. But you know whoknows what really goes on behind the scenes.
So Richard, yeah, yeah,So just before we go, before
we go any further, let's evenjust recap because there are a couple of
key points from this segment before wego to commercial break and before we get

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to many more tactics that you'll beaddressing tonight. Show number one, do
your homework at such a great andimportant point. You know, so many
people just kind of like dive inand like, yeah, I know,
I have everything with me. Butif they did the homework in the case
that you had about wyoming, becauseyou did that homework, you totally change
the scenario. I mean completely too. You're like you probably caught them completely

(10:20):
off guard, like like where didwhoa where did that come from? And
it was legit? You're like youfound it in there said it's going to
be judged by the the the lawsof Wyoming, and that was so like,
I mean, you quote the flatfooted I imagine. Well what I
said was, I could even thisis my only case, but I can

(10:41):
start calling people who you're sewing.They're all in the court system, and
I could just whisper the defense toall the people, or we can settle
this up and I'll just go awayquietly, so you decide. Wow,
So that I mean the importance ofdoing homework. And the second point is

(11:03):
what's your plan meaning this? Thisis this is not necessarily just for a
courtroom scenario. This is in abusiness negotiate, a negotiating scenario. Maybe
actually, like you know, Richardsaid, it's a good good point and
a good cop bad cop type ofthing. You know, he's sending someone
with a little bit less experience andthen and then let's let's hear him out

(11:24):
and then they come back and didyou have the authority? I didn't have
the authority. That that's that's maybeyou can just explain that one more time
and then we go to commercial break. It's it's not really about experience so
much as you know, their handcufffrom giving the other side too much.
But one like you've ver watched,like the show with the like the antiques

(11:45):
and this and that, what theycall the expert in for an evaluation.
In all negotiations where you feel youneed somebody to give you some expert insight,
call them in. You know.Sometimes it's like if you can't do
the homework because it's not something youcould research, maybe you want to ask
somebody who's an expert in this field. You know, like let's say you're

(12:07):
trying to recover some kind of damage. We'll call in the plumbers and the
drywall people and this and that orwhatever and say, look what is this
going to cost? And get realnumbers. In other words, have real
expertise facts homework, because you canonly negotiate with real facts and real information
as opposed to this is what Iwant or this is what I need,

(12:31):
or just explaining like like emotional stuffit's gonna cost a million dollars, like
whoa, you know, like what'sthe data? Right? And then you
know everybody also they I gotta gohigh because I'm gonna end up compromising,
and sometimes there's not really necessary aplace for that. Sometimes you want to
come in to a negotiation and beingreally reasonable, really with a lot of

(12:56):
backup, and then just really holdingas much ground as you can. But
that's like a nuance. It kindof depends on this situation, depends on
who you're dealing with, depends onwhat the form is, and if you're
in front of the judge or mediatorsor whatever. Because a lot of times
I'll say to people, I won'tdo that, Let's try this instead,

(13:16):
and you'll give all your backup,you'll play all your cards, you say
this is infinitely reasonable, and thenyou kind of stick to it and what
you have to do then challenge himand says, look, I understand you
want to bet a deal, butthis is what really is. I know
that Chris vous talks about the bookabout what's fair, and fair is used

(13:37):
as a weapon and then you haveto turn around and try to say that
it's not there, and then thenit becomes another another tug of war.
We're gonna get to that right afterthe Commercial Bank. We'reth speaking with Richard
Salomon, noted attorney. Tonight's showis all about master negotiating tactics. Richard.
By the way, how can peoplefind out more information about your law

(13:58):
firm? Okay? So five onesix, three, seven, one nine
two four, or you can seeme at the Salomon Channel dot com and
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(17:07):
And we're back mind your but Iwish that music would go a little longer.
It's a great sound there, allright, yeah, still holding up
a little bit, all right,Yes, yes, yes, all right,
we're back mind your business with music. Salfic's right here on seven ten
w R. And to night showmaster negotiating tactics and whatever industry you're in.
I mean, we're speaking with anoted attorney, but whatever industry you're

(17:30):
in, you have to master certainskills, whether you're negotiating a salary,
a contract or hopefully not but adispute. In fact, at the beginning
of the show, Richard Solomon mentioned, you know, let's say it's a
court scenario and you got one hundreddollars on one side and five bucks on
the other side. Now, waita second, Richard, I mean,

(17:52):
come on, let's call a timeout there. If that's it. You
know what, Unfortunately, when peoplebecome when it becomes emotional and people come
crazy, Yes, they'll fight overthat ninety five dollars. By the way,
I'm afraid to ask how much someonewould spend. Imagine the one that's
trying to get the hundred and they'respending like fifty thousand dollars over that ninety

(18:14):
five bucks. Come on, guys, believe it, believe it or not.
In small claims court, you know, you actually see people literally fighting
over the smallest amounts of money andthey come back, you know, multiple
times, you know, for eitherI mean it's emotion, it's a motion
that it's it's it's a motion.It's in the kish kiss. I am

(18:34):
not gonna give an inch minutes,that's right. Well, that's why you
need outside advisors to sort of helpthe decision making process. And sometimes it's
in the court system. Sometimes it'syour advocate. You know, there's a
reason why the person who's in thenegotiating seat, like like you know,

(18:55):
like for example, actors and thingslike that, they have agents and the
agents do the booking. They negotiatebecause this way the person is removed from
yeah, from the back and forth. That's correct, because it is negotiating
this. You know, let's let'sbe honest. We're all we're we're humans,
we're creatures, we're creatures created byGod and and we're we're we're wired

(19:19):
with emotion, right, I thinkwhat the the the status that we you
know, decision making is what ninetypercent emotional and then ten percent you know,
factual based, and that's that's thereality. So you're right. If
someone's negotiating with an actor and it'slet's say it's a I don't say brutal
negotiating, uh scenario, but youknow, they go back and forth.

(19:40):
By the time by the time it'sall settled, you know, the the
you know, they could ruffle thefeathers, so to speak, and that
could affect the quality of the performanceso or the relationship or the relationship.
And and meanwhile that that that can'tafford to have that happen, right,
the actor on the set got todo his job perfectly. Yeah, right

(20:02):
now. One thing that my fathertaught me, who's he's a great negotiator.
Oh, you've got to be ableto walk away. One of the
most powerful negotiating tools is not tonecessarily agree to anything if you can't.
If you can, it depends againin a lawsuit, you know, if
you're in a lawsuit of his debt. But let's say you're you're looking to

(20:25):
buy something and for some reason youjust don't feel that the price is right
for you. There's nothing that saysif the negotiation doesn't go past a certain
point, they have to keep negotiating. There's a there's a gigantic power in
walking away saying all right, looknot for me, Sorry, maybe maybe

(20:45):
next time, and that's okay.And most people don't really do that.
They kind of get up and it'ssort of like, you know, this
whole you gotta win, We haveto be winners. Sometimes the winning is
actually not losing that or not gettinginto a bad deal, or you know,
you gotta just say, look,there's alternatives, there are other people,

(21:07):
there's other suppliers, there's other vendors. You know, one of the
things that's great about having the Internetis you get to see the whole marketplace
and you can get a lot moreinformation very quickly, and who knows what
AI will provide to that equation.But but you don't necessarily have to make
a deal. Not everything is dealworthy and not every negotiation has to end

(21:33):
in some kind of handshake deal now, but again it depends. You know.
The problem is, I guess theywould be very clear. There's no
size that fits all. There's noone rule, there's no one maxim there's
so many different things. I knowthat in the book never split the difference.
The FBI hostage negotiator says, howdo you compromise when this hostage is

(21:55):
you know, they keep too,we keep too? I mean, you
know, like, how does thatwork? You have to really look out
for the very safety of the peopleand deal with some high stress things.
And he talks about that, butwe don't have that. But it gives
you a lot of insights. Andthen there's the other book that I refer
to. It's called Start with No. But everybody's got a completely different viewpoint,

(22:18):
and I think it's not only theviewpoint, it's your communication style,
where you are in the hierarchy ofthings, your power position, your powerless
position, what the scenario is,what's the goal. I think it's very
important to know what your goals are. A lot of times you have to
look at what do you actually needto get out of this negotiation. Sometimes

(22:44):
when you're on the paying end,you want to pay as little as possible,
but there's intangible benefits. Maybe there'ssomething that you can get by settling
early, like maybe you don't havea claim on your insurance, or there's
not gonna be a public record ofa dispute, so may you pay a
little bit more for that advantage.Sometimes you have to be very creative in

(23:04):
negotiations, like maybe the other sidecould give you something like a service that
they provide that's kind of inexpensive forthem, but of great value to you.
So to maybe break the impact,you say, look, why don't
you waive this, and I'll takeso much of that to offset this.

(23:27):
I'm trying to think of how torephrase this situation. But that situation where
somebody made a huge mistake and theydidn't want to own up to it,
and I was trying to say tothem, look, you've got this as
sort of an asset and you're squanderingit. Why don't you provide that to
us? And this way you don'tfeel like you're writing a check. Is

(23:52):
it's you know, when when itcomes to writing check, people have arthritis
and pains and you know, allthese things that just you know, the
sling won't you know, they can'tget the hand out of the slink to
write the check, or somehow theycan't push the button to transfer the money.
It's, you know, they haveall these problems impediments. So they
said, look, I know youdon't want to write the check. It's
the figures may be in a splintthat broke in, I know, but

(24:15):
this is how we get away withnot having to do that. Now.
One really important point is communications style. I know you had one of your
past guests was James Rosebush, andwe talked about communication. We talked about
humor and I'll you know, sometimesyou have to use a little bit of
humor in the right place to breakthe tension. And I remember a situation

(24:38):
where my client missed a deadline andwe owned it and I said, and
I said to the other side,you know what this reminds me of and
they're like what they didn't know whatwas going to say? Said. It
reminds me of the Far Side comicwhere you see Noah's Ark with all the
animals staling off into the sunset,and you see two dinosaurs at the dock

(25:03):
and they're saying, was that today? You know? You know, and
you try to bring a little bitof humor to break it up, bring
humanity, get some of the emotionout of it, you know, you
try to, you know, dothe right things. It's like, you

(25:25):
know, there was another there's anotherstandard joke that I use also in the
negotiations, like let's say there's abunch of defendants and everybody's gonna have to
pay something to kick in, andI'll say something, you know what.
This reminds me of a Rosy witha joke where these two guys are on
the Titanic and the Titanic is sinkingand the last two guys on the part
of the boat that's out above thewater. Everybody else is in the life

(25:48):
rafts or even worse. It remindsme. And one guy starts crying and
they're about to go down. Theother guy says well, why are you
crying? It's not your boat,you know like that, Yeah, you
know you got you gotta break itup. You gotta break it up.
But you gotta do it in theright place the right time. You can't
be insulting and you can't be doingit, but you gotta do it.

(26:14):
Sometimes you do it in the hallway. You do it just show humanity that
you're still real people that you know, you want to get there. You
always want to show respect. Ithink it's very important to communicate to the
other side that you acknowledge the realities. I think that's not really done.
It's like, look, I knowthat you want A B and C,

(26:36):
but I need C, D andE or and you know. And I
guess that's where the book Getting toYes is all about, is to try
to find the things that sort ofeverybody can agree to and build up from
there. But it kind of depends. But I think what misses the point
in many negotiations, it's just it'sjust one hundred thousand, five thousand,

(26:57):
one hundred thousand and five thousand notup anymore. I can't believe this,
and you've got to break that.You have to talk about concepts, you
have to communicate. You have tobe humane and show humanity. You must
be respectful and differential, and alot of times negotiations get very heated.

(27:18):
You can imagine what it's like wherelet's say you're on the phone, you're
just doing a conference call, andit's like the lawyers and the clients,
and then there's always this tipping pointwhere all of a sudden, the voices
start getting raised, and then there'sthe accusations and the thing are pointing,
and then the response, and thenit just starts spiraling out of control.
And if you can, you've gotto be able to put the brakes on

(27:41):
that on your side saying look,look, we're about trying to move forward,
all right, trying about moving forward, and you have to use a
gentle voice, and you have tomaybe even tell your own side, look,
let's that we're here to move forward. Because obviously negotiating because you couldn't

(28:03):
reach your agreements, you know,so it's obvious that there's some kind of
impass problem whatever. Because if thejob is like, hey, rich,
you can have a you know,your own radio show will give you X
dollars start tomorrow, and it's likegreat, you know, but nothing seems
to be that easy. Everything's likewhat about this and what about that?
And I need this and can youdo that? And I need staff blah

(28:26):
blah blah, and all that's gotto be worked out. And that's where
you need homework advisors, maybe disinterestedthird parties, both to speak for you
and to advise you. I mean, I tell people all the time,
some of the most important people you'llever get advice from her from CPA's And
I say that as a lawyer,you know people will say, no,

(28:48):
no, we need to get alawyer involved. I'm like, I'd call
the accountant first, because if it'sabout numbers and finance and implications and tax
and this and that, I'd ratherfind out from a tax expert or a
financial expert. Uh, where wherethis is going to go first? Because
not every answer is a legal answer, and negotiations aren't necessarily legal. They're

(29:11):
very psychological, right, And that'swhere communication is about psychology being differential,
respectful. It's about psychology knowing thetiming, knowing when to start, knowing
when to take a break. It'sall psychological. Unfortunately, lot of that
doesn't come without experience and sometimes hardlessons of failure build your experience. Now,

(29:33):
in preparing for the show, whenwe review the notes, you had
a line and this is what you'vebeen talking about. But I just want
to hone in on this before wego to commercial break. Can't think of
a number in particular, it becomesa tug of war. Numbers have emotion
attached and and that's whether you believeit or not, that's that's the reality.

(29:56):
So if someone's at one hundred,someone's at at at all five,
there's a number, then you're you'reanchoring in, you're digging in your suddenly,
So perhaps you could again just comeback at that the importance of like
removing any items or any elements thatthat forced the mind to dig in.

(30:18):
And then this this there's no roomfor compromise. One of the things that
you see a lot of is inthe hallway or you know, we can't
go below a hundred. We wegot to get more than two hundred.
We you know it. And thenwhat happens is you're you're given a parameter.

(30:38):
It's like we cannot settle that wecannot spend more than three hundred thousand
dollars period. I don't care ifwe charge caused a million dollars worth damage
our budgets three hundred thousand. Well, then you guys start thinking about what
you can do to deal with that, maybe this bankruptcy, maybe there's other

(30:59):
things. But the problem is isthat when you get just a number,
and it may not even be areality based number, maybe the person says
that's all we could afford. I'mlike, but that three may cost you
six hundred somewhere else. I mean, you gotta think very global and a
lot of this stuff, So Isay, don't really think about it just
the numbers. There's a totality ofexperience and consequences out there. What about

(31:26):
the court filings, what about reputationissues, what about and of course there's
confidentiality agreements, And there's no matterwhat I say, there's going to be
an exception or footnote to everything.So all of the people out there,
I know that, but I'm justtrying to give guidelines. And the guideline
I have is numbers become flesh points, and as soon as you go below

(31:48):
or above numbers, people get agitated, and then the agitated goes to anger,
and then then what happens is peoplearen't so nuanced and polite in their
discussions, and then everything becomes inflamedand then it's the tug of war.
You know, not doing this.I'm not doing that. You know,
forget it. You know I knewthis was a bad idea, and then

(32:10):
everything falls apart. Now, goodmediators know how to do shuttle diplomacy.
You don't always get that. Sometimesmaybe you need to buy that. Let's
say you're working on some kind ofvery complicated deal. Now when everybody's lawyers
up, all you're doing is gettingreinforcements to your polarized position. Sometimes you

(32:34):
need somebody to cool things down andmaybe to be the objective voice, because
you know that's what mediators are supposedto do. So you give now one
thing I always talk about in negotiation, and I kind of kid around about
this. I'll say to a mediator, look, I know that round one
is the airing of the grievances.Can we just get that out of the

(32:57):
way, because because sometimes everybody needsto air all their resentment and anger and
whatever. So I'll actually say,let's have the airing of the grievances.
Let's everybody take fifteen minutes, havea monologue and just spew everything that upsetting
you, and then once that's allout, let's then let's talk and belue

(33:22):
or not that actually works, Butit depends, you know, it depends
on the circumstance. Sometimes it's greatbecause people feel like they need to be
heard and it gets it out ofthem and it's like, all right,
we can move on now, becausea lot of times people feel voiceless in
this world and they want to beheard and they feel that their grievances have

(33:42):
not been acknowledged or recognized, andsometimes to just get that out will aid
in the negotiation process. But again, it's not one size fits all,
and these are sort of just cluesas to what may work in a particular
situation. It may not sometimes highlyappropriate. Sometimes it's a terrible idea,
but these are just The problem is, over the multiple decades I've been doing

(34:07):
all of this, there are timeswhen this idea, this kind of style,
this approach, this format will actuallydo something. Because what ultimately what
you really want is you need progressand you need to move the ball forward.
You need to get past the stuckand the only way to get unstuck

(34:29):
is to have some method of eithercommunication or style or formatting or intervention to
get people to loosen up, becausein the end, unresolved disputes just fester
and clone. No, no,no, that has to be has to
be an endgame in mind. Myguest is Richard Salomon, noted attorney and

(34:51):
Tonight show is master negotiating tactics.Richard, how could people get in touch
with you? Five one six,seven, four nine two four five one
six three seven one four nine twofour. Now that we've been on the
show a lot, I have thephone answered all the time. Great,
excellent. And what's the website?The Solomon channel dot com. That's all

(35:13):
of what's great stuff behind the SalmonChannel cap and the WWP dot org for
my great name, you know,really cool. We're gonna take a shore
commercial break. Stay tuned, takeyour company's leadership and management skills to new
heights. Imagine soaring through the skyin a military grade fter the five flight

(35:37):
simulators, just as the real thing. I'm Kobe Reggae, CEO and founder
of the Squadron, and I'm aformer fighter pilot and a squadron commander in
the Israeli Uniforce. Our workshops offeran empowering training experience that will push your
boundaries and help unleash your company's fullpotential. Visit us the Squadron dot com

(36:00):
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one one now to find out howSaul Freedman and Company can help you grow
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(36:45):
what we believe in and that isthe ethic we follow. For a free
consultation, call seven one eight twothree two one one one one. That's
seven one eight two three two oneone one one, or visit our website
at snfco dot com. That's snfCEO dot com. The defining moment in

(37:07):
your life could be transformational, andwhen that moment comes, you need to
be prepared with emotional intelligence. HiI'm Chuck Garcia, author of Amazon's best
seller Acclimbed to the Top, andmy new book called The Moment That Defines
Your Life is coming out in Februarytwenty twenty four. Learn how to integrate

(37:28):
modern practices of emotional intelligence with classicstoic philosophies. Pre order on Amazon today.
And we're back mind your business withyou at such apphist right here on
the Voice of New York seven penwr and a special hello and shout out

(37:49):
to all those watching on YouTube.What an important subject master negotiating tactics,
And we have none other than RichardSolomon, a noted and leading it turney
by the way, among your materials, what was the book you wrote about
what I had to fight and winand winning in the small claims court,
winning in the New York small claimscourts? A simple step by step guy

(38:14):
for now had a print, butyou can always call me, Hey had
a print. You gotta go backin print. I means it was seld
out. It was a best seller. Come on, you gotta get back
in print, Richard. Well,when when the Guttenberg Pressed printed it?
It was before the e book.Now, speaking of and for your centuries

(38:34):
of experience. I'm sorry decades Okay, okay, I mean are there some
like kind of don't are there certainthings that when and again tonight chose about
master negotiating tactics, are there's certainthings that someone like you know you really
shouldn't go there just you know,whatever you do, don't do that.

(38:57):
What are what are some of thoseAudrey list? So Number one, unreasonable
positions. If you start off witha highly unreasonable position, that's not going
to work to your advantage. AndI don't mean high, I mean unreasonable.
And there's a big difference when youask for something that's outrageous, like

(39:19):
you know, I need a milliondollars, I need a helicopter and a
written apology from everybody in the company, Like you know, you can't,
you know, you just can't push, you know, but you you would
not believe what I have been privyto in the demand list. And I'll
be like, look, we're notgoing to get that. I don't even

(39:39):
ask. That's not how we're goingto start. So you can't be unreasonable.
You could be you know, healthydemands, you know whatever, but
you can't be unreasonable. Uh,you gotta be deferential. I've had people
literally during mediations just pick up,walk out and leave. Like I've had

(40:01):
people who literally say I ain't gonnatake this blank anymore, and then they
walk out. They hit the elevatorbutton, ding there the gun and they're
like, you know, and thenwhen you call your client, you gotta
come back. I'm gone, sorry, done do it without me. You
know that's not good. It doesn'tdoesn't bode well. You know, But

(40:23):
I've seen that you can't be insulted. Uh, there was we had a
mediation in front of a very prestigiousmedia. This is a person who I
think everybody who is in the legalindustry looked up to this particular person and
one of the people was highly insulted. And I'm like, I had to

(40:45):
pull the guy. He wasn't myclient, and I just said, you
know who this guy is. Imean, you can't do this. This
is this is you know, like, I don't care that you're you're maybe
older than but he's kind of closein age to you. But this guy
is revered and he's really well respected. You can't do this. And I've
seen that. I've seen people comein unprepared. I've seen people come in

(41:07):
with sloppy papers, incomplete papers.You know, they're trying to establish something
and you're looking and it's like almostlike a puzzle. You're trying to figure
out what the pieces are. Andthere's a lot of pieces in a puzzle
that are missing where people don't havethey don't have things like let's say they
don't have a canceled check they havelike the front of the check. Well,

(41:27):
how do I know that this wasactually it was? You know,
you know, or you get allthese things like, oh it costs me
this. Well, look, Iremember a good case that I had where
I was in court and I waswatching the case before me, because you
always learn in court. And thenso somebody said, oh, you know,

(41:47):
the marshal came in and then allmy stuff was put on the street.
And then the judge was like,well, do you have any proof
of anything? No? Do youhave any pictures? No? Do you
have any receipts? No? Wellyou know what do you have? Oh?
But but it's like fifty thousand dollarsworth of stuff. I'm like,
for fifty thousand dollars worth of stuff, you'd have either insurance on it or

(42:09):
you would have had an inventory tohave cell phone pictures, you know something,
and the court was like, youneed to come back with some proof
because you're not giving me anything.And it was an important lesson to watch,
which is you got to be preparedand you have to have backup.
You'd be surprised how many people comeeither empty handed or not enough copies.

(42:34):
I mean certain things like let's say, you know, even though now we're
still in the virtual world and it'sall zoom and you could do screen sharing.
If you're going to give like somekind of presentation, maybe you should
have like a package and a copyfor every side, some one for us,
one for you, one for themediator or whatever, or you exchange
just you on the other side.Even if you're doing something like salary negotiations,

(42:57):
maybe it's important to come in witha act of information about what other
people get in other kinds of endeavorsat this level, because you know it's
gonna be the tug of war.Well, we can only afford this,
and we're gonna say, look,I have job list things from you know,
blank companies, and they're all offeringone hundred and twenty seven thousand dollars

(43:22):
as an average, you know,one hundred hundred sixty kind of in the
middle. And you know your averageof like say eighty five is like like
really below what other people are whatever. And then you say, look in
the New York City it's higher.Whatever. But you got to come in
and you have to have handouts,and you have to have compelling handouts and

(43:42):
things that are on the mark.You know, it's like you can't come
into a mediation about so let's saywe're just a discussion and negotiation about salary,
and and you're talking about I don'tknow, like how much furniture you're
going to get in your office.That's that's not where you start, you
know, or what you need orhow much staff you're gonna have, you

(44:04):
got it or you bring materials.So but you gotta come prepared now on
that point in fact, after thecommercial break, would love to discuss from
the let's say the positive side.When someone is negotiating to get something they
don't want to, you know,damage the relationship. But they're going it's
not a matter of settling, it'snot a matter of mediating. It's a

(44:25):
matter of getting what you want toget through negotiating and yet at the same
time making sure to maintain the greatstanding in the relationship before you go to
a break, Richard, how canpeople find out more about you? What's
your phone number and your website?All right, the Solomon Channel dot com,

(44:46):
all those s L O M ON channel dot com and it's five
one six, three seven one twentyfour five six three seven one four nine
two four. And if you havecommercial truck from Little Tickets, I am
especially interested in us. Yeah,no, Richard, Richard is the address.
I mean, I know when whennecessary to reach out to Richard,

(45:09):
you definitely want them on your side. I'll just leave it at that.
We're gonna thank you our commercial break. Stay tuned. Take your company's leadership
and management skills to new heights.Imagine soaring through the sky in a military
grade after the five flight simulators,just as the real thing. I am

(45:32):
Kobe Reggae, CEO and founder ofthe Squadron, and I'm a former fighter
pilot and a squadron commander in theIsraeli Air Force. Our workshops offer an
empowering training experience that will push yourboundaries and help unleash your company's full potential.
Visit us at the Squadron dot com. To learn more. That's the

(45:54):
squadron dot com to learn more.A defining moment in your life could be
transformational, and when that moment comes, you need to be prepared with emotional
intelligence. Hi. I'm Chuck garciaUp, author of Amazon's best seller Acclimb

(46:15):
to the Top, and my newbook called A Moment that Defines Your Life
is coming out in February twenty twentyfour. Learn how to integrate modern practices
of emotional intelligence with classic stoic philosophies. Pre order on Amazon today. This

(46:36):
is Richard Solomon. If you're havinga corporate event or a seminar workshop and
you're looking for a public speaker that'sjust a little bit different. Why did
you give me a try? Fiveone six, three, seven, one
four nine two four. I'm aradio host, I'm a lawyer, I'm
an author, I've been a lecturer. I've got a lot of really great
war stories. And if you wantto learn more, go to the Solomon
Channel dot com and you'll see allthe great videos and everything that we've done

(46:59):
over the years. We've done alot of great stuff, including cash flow,
cashflow dynamics, things about small business, dealing with regulation, and surviving
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(48:29):
mind your business with the at slesApolis right here on seven ten w o
R The Boys Something New York tonightshow master negotiating tactics and we're speaking with
noted attorney Richard Solomon. Certainly youwant him on your side if you need
a great attorney, and thank you, you know for Yeah, we'll leave

(48:49):
it at that. We're not goingto discuss anything confidential in the air,
but thank you Richard for all yourgreat work on when when needed. Now,
before the break, we had mentionedthat we want to spend the last
we have roughly less than ten minutesleft to the show. We want to
address negotiating tactics. When you're lookingfor something, you want to maintain a

(49:15):
great, pristine relationship with the individual. And so it's not a matter of
in a courtroom where you're trying tosettle and who's going to be left with
what, but rather whether it's forlet's say, let's say a company with
a client. This is a greatexample company with a client, and there's
some points that just that you know, some of it is prized, some

(49:36):
of it is the arrangement doesn't makeperfect sense, and there's going to need
to be some give and take.But at the same time, there needs
to be a great relationship that remainsintact. It's not like they're settling and
that's it, and then they bothsides never have to talk to each other
again. No, that's not thescenario here. They're coming together, but

(49:57):
there's some delicate stuff that needs tobe worked out. What are some of
your takes on that in terms ofmastering the negotiating tactics. And that's and
by the way, in this scenario, I'm going to include let's say someone
is fundraising. Let's say it isa capital campaign, a major building campaign,
and someone is negotiating for a milliondollar gift. Right there, they

(50:20):
must maintain great relationships. They wanta million dollars gift, but there's some
give and take with the donor.What do you say to that type of
scenario? Number one is creativity.What is often lacking in most negotiations is
to break free from linear thinking.It's this versus that I need to get

(50:45):
this and you need to give upthat. And sometimes I say, look
where could be Where could we becreated? So let's say, for example,
with a fundraising thing, maybe thespecial perks we can let you in
early, we can name this afteryou, We can give your people this,
We could provide that. Maybe youwant to host an event here,

(51:06):
we'll provide the place for free.You know, it can't be just we're
going to get a million dollars andwe're going to give you a thank you.
You know. Sometimes it's more thanthat. Sometimes it's you know,
we'll put you in our magazine,We're gonna put you in our newsletter,
We'll do something nice for your clients. Well, whatever it is, I
mean, it depends. But butthere's got to be creativity and smart people

(51:31):
need to sit down and say whatis what is a good expression of both
gratitude in a situation like this andwhat can we give back that's meaningful to
the other side, that's worth valueto them, that makes their donation valuable.

(51:51):
Because if it's just look, I'mgoing to give you a million dollars,
I'll deduct it and you get athank you. What you know,
there's no incentive, you know,so the question is how do you make
it enticing. Yes, they namedthe building after you, but you know,
for how long after fifty years andthe next owner comes in, you
know, did they take out youknow, the chisel yet yeah, and

(52:16):
if the Solomon Building and now isthe Jones Building, you know, it's
okay, excuse me whatever. Youknow, I didn't know there was a
you know, expiration date on theon the money, So you got to
ask yourself, what could we giveand what could we do? That's just
meaningful and that shows appreciation. Andbut that also extends to like contracts and

(52:42):
incentives and bonuses and milestones. Youknow. I think it was a big
deal for actors to get residuals onreruns way back in the day. And
I forgot who it was, butsomebody originally when they did a TV show
said now I want I want apiece of this because you're not paying me

(53:05):
enough upfront. And then they actuallymade a lot of money because in those
days, a lot of people gotpaid and then it was syndicated and rerun
forever and no one got any money. So you know, you could ask
for creative solutions, like making moneyon the back end, maybe taking care
of some kind of situation. Maybeyour conference room is always available on two

(53:30):
hours notice if it's not booked foreither my group or my business. I
want to presentations, I want tohave an annual conference. There when I'm
a share older's meetings there, Iwant to have a press conference from there,
whatever it is. You know,maybe I want to do a documentary
about the donation, and I needyou to participate in it, or we'll
do the documentary for you and we'llput it up in all of our social

(53:52):
media to show our gratitude. Toenhance your brand and our partnership. There's
a lot that can be done.Tickets, tickets to events department. Maybe
you know, maybe you do somethingyou have like a special cinema, special
things, and you give back,I don't know, five hundred free tickets

(54:14):
and they can distribute it to peoplethat are important to the donor's circle of
influence. But there's all kinds ofthings. And what I've noticed in a
lot of fields is lack of creativity. It's just I need this and let's
get moving. I don't have alot of time for you. And I

(54:35):
think the whole post COVID environment ofemails and techs and not being in the
same room with people has really bluntedthe ability of people to have coffee,
sit down, brainstorm, be creative. And I think that that's been lost,

(54:55):
especially on the younger generation. Whichis more or high tech and in
person. Such an important point thatyou raise that you know, the human
element. I mean, we're allhuman and at the end of the day,
we can never overlook the emotion,the emotional factors that that that that
come into play in any type ofnegotiating scenario. Tonight show Master negotiating tactics,

(55:22):
and we were treated to uh youknow, and and of course,
thank you so much Richard for carvingout I mean on a typical uh you
know, Sunday, Kase, weprerecorded some when we recorded the week prior.
You know that that to carve outan hour of your day to share
with the audience is a big deal. We're not going to ask you on
the air how much you charge anhour, but we certainly appreciate it.

(55:44):
Now, Richard, how can peopleget in touch with you? Again,
Richard, someone who you want onyour side when needed? Richard, how
can people get in touch with you? Five one six, three seven,
one four nine two four or fiveone six, three, seven, one
four nine two four. Office islocated in Nassau County, but I'm pretty
flexible where I need to come,and the phone gets you everywhere. And

(56:06):
then of course if you want tolearn a little bit about my radio,
it's the Solomon channel dot com andI have a whole YouTube presence and and
by the way, so even thenon the Solomon Channel, they could find
out more about your your you know, to get in touch with you as
an attorney. Yeah, there's this, there's way information. But there's nothing
like the phone five one six streeseven one four ninety four, because there's

(56:28):
nothing like human connection. He nailedit. This wraps up a great edition
of Mind your Business. Turning againexcellent the night for another great edition of
Mind your Business right here on seventen w R, the Voice of New
York have a successful week. Seventen w R and the iHeart Radio Network

(56:49):
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(57:15):
Tune in every Sunday evening at tenpm. For this intriguing radio show,
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(57:37):
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