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‘Your pen is always mightier than the sword’, says expert negotiator
Ramy Qutami, managing director at Madison Marcus, is a law professional with a wealth of negotiation experience. Mr Qutami has been in the profession for over 20 years, but he takes a very modern approach to practising law.
Shandel McAuliffe
Mr Qutami shared his do’s and don’ts for negotiating on a recent episode of The Lawyers Weekly Show, including insights on how his work and practice are changing due to COVID-19 and new ways of working. His negotiation approach centres around relationship building and doing your homework.
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When it comes to building relationships, Mr Qutami noted: “I came up with the idea that whenever you work with a client, you partner up with them. We’re not just lawyers; we’re advisers.”
He expanded on this, stating: “There’s a lot of trust in me. And to develop that trust, it’s important that they understand that you are working for them, in their interests and we’re partnering up. I’ve kept that philosophy all through my career, that when you work with a client, you partner up with the client.
“To them, you are part of their business. And one thing I do, and I often say this to lawyers coming through the firm, when you talk with a client or about a client, you always use the word, we.”
“Trust” is a keyword for Mr Qutami, and he explained why it’s so important: “You want to be able to trust your lawyer and, unfortunately, over the years, there’s been some disconnect between a lot of lawyers and their clients for a multitude of reasons.
“I’ve always made it a goal, and I’m proud to say that I think that most clients have a lot of trust in me and Madison Marcus.”
He added: “We’ve been able to create fruitful relationships that have been with us for a long, long time only because of the trust factor ... You build that trust by acting ethically and acting morally ...”
Alongside relationship building, Mr Qutami also explained how he structures his work when advising a client on a deal.
Being “prepared” is critical. Mr Qutami stated: “Any lawyer that is coming to the negotiating table must prepare. And preparation includes knowing exactly what your client seeks to achieve, and what material you have in front of you to use as your tools.”
Mr Qutami explained what those assets might be: “Whether it be a contract, whether it be relying on expert reports. Whatever it may be, you need to know what tools you have to work with.”
He emphasised: “Preparation is the key. And that means going through the whole file in detail to work out exactly what you have at your disposal and knowing how you can present that. So, preparation is the absolute key.”
Mr Qutami also spoke about the importance of maintaining a cool head and a sensible approach to negotiating. He explained:
“Sometimes, people put their principles and their pride before the commerciality of a matter. And that’s something you have to juggle as a lawyer. One thing I always say, I’m not here to fight your principles. I’m here to get you the best result.”
And he believes that “your pen is always mightier than the sword”, cautioning against aggressive approaches to negotiations:
“Be careful of what words you use and how you use them because if you do that appropriately, you’ll get the result. Aggressive, voice raising, slamming the table doesn’t work.”
Mr Qutami recalled some advice he got earlier in his career: “A lawyer said to me many, many years ago … the best deal you can make, or the best way to negotiate is when both parties walk away thinking they’ve won.”
