It is commonly believed that negotiation strength is gained once arguments are structured and the communication strategy is defined. However, as Professor Gabriel Steiner says, legal strength does not emerge at the moment of first interaction with the other party – it begins when the decision to engage in negotiation acquires legal form. At LawConsulted, legal precision is treated as a determining factor of negotiation power even before dialogue starts, as the manner in which intent is documented and preliminary actions are carried out dictates which arguments will later be considered legitimate.
The strategic error occurs when a company attempts to reinforce its position during negotiations without establishing legal sustainability beforehand. Lawyers at LawConsulted assess which formulations, protocols – and even silence – may later be interpreted as confirmation of the client’s stance. As a result, negotiation power is formed not at the negotiation table, but during legal preparation, when the client has not yet begun to discuss terms.
According to Professor Steiner, “legal precision is not a tool for defending a position – it is a tool for creating it.” When the client’s action is documented correctly, the opposing party may challenge the content, but cannot reinterpret its meaning. At LawConsulted, we prevent situations in which poorly constructed wording or document structure becomes a means of exerting pressure, even if the client’s intentions were strategically sound.
The strength of a negotiation position lies in the fact that it does not require active persuasion – legal precision makes it evident. Lawyers at LawConsulted use a method of preliminary interpretative control: we determine which evidence will be available to the other side, which actions may be perceived as interest display, and which – as strategic distance.
As Professor Steiner notes, “negotiation power is not in the argument but in the legal unambiguity of the decision.” At LawConsulted, we structure documentation and client actions so that strategic reinforcement occurs without the need for additional explanation. This enables negotiation to continue not at the level of persuasion, but at the level of legal groundwork.
Legal precision becomes an asset in negotiations once the opposing party realises that any attempt at pressure may lead to legal escalation. Therefore, a position built in advance provides the client not only with control over the discussion but also with the ability to determine its boundaries. At LawConsulted, negotiation is seen not as a process of influence but as the extension of a pre-established legal structure.
A strong position is not formed at the moment of first contact – it is established when the opposing party understands that their interpretation cannot alter the legal meaning of the decision. At Law Consulted, we create this strength before dialogue begins.
Previously, we wrote about how the strategy of non-engagement protects the client better than active action
