Legal Support of Business Negotiations
Legal support of negotiations held between business participants
Most important agreements are reached through negotiations between business participants. This, as a rule, does not depend on the type of issue being resolved in the negotiations, but, at the same time, it allows minimizing the occurrence of disputes between counterparties in the further interaction of business participants. At the same time, when conducting negotiations, it is important not only to comply with the general rules of negotiations, but also to know the requirements of the legislation of both the Russian Federation and international law, if the counterparty is a resident of a foreign state. Separately, it should be noted that when negotiating with foreign contractors, it is important that the accompanying lawyer not only has legal knowledge, but can also state the position of the customer in a foreign language.
Often, negotiators must not only be competent specialists in a particular industry, but also understand psychology, the rules of negotiation, and also navigate various branches of legislation. Such skills allow you to successfully conduct business negotiations and achieve the desired results for concluding a profitable deal.
As a rule, legal assistance is necessary for entrepreneurs and business entities when concluding various kinds of contracts and agreements, for example, such as: purchase and sale, supply of goods, provision of services, rent, contract, transportation, storage, etc. Participation in the negotiations of a qualified lawyer allows the entrepreneur to get legal advice in the “here and now” mode, which avoids many possible unpleasant consequences and minimizes the likely risks. When negotiating and concluding a contract, a lawyer will be able to trace whether all oral agreements are reflected in the written version of the transaction. So, for example, there are often cases when in a written contract one of the participants in the transaction is assigned greater obligations than were determined in the negotiation process, or penalties for non-fulfillment of obligations are incorrectly reflected, or the essential terms of the contract are incorrectly reflected, etc.
It is important to note that the participation of a qualified lawyer in negotiations is important for entrepreneurs, both from the point of view of the business process and for solving economic issues in terms of interaction with counterparties to conclude various kinds of contracts. And the possession of negotiating skills and knowledge of the rules of business ethics make it possible to reach the most beneficial agreements for the entrepreneur. Such knowledge and skills, as a rule, are possessed by qualified lawyers, whom entrepreneurs engage to negotiate in a wide variety of areas from concluding a simple contract for the supply of goods to an international contract. At the same time, the attracted lawyer during negotiations provides the following types of legal assistance:
- Examines the subject of negotiations and a future deal.
- Forms a negotiating strategy, including the legal justification for specific positions in the negotiation process.
- Prepares the necessary documentation, including drawing up various contracts and agreements.
- Conducts a legal analysis of the contract, agreement, in case of preparation of a package of documents by the other side of the negotiation process.
- Conducts case law analysis on a specific issue of concern.
- Verifies the counterparty’s authority to sign a contract or agreement.
- Advises a participant in the negotiation process on legal issues.
- Checks the documentation upon the completion of the transaction (certificate of work performed, act of acceptance and transfer, etc.), on which a possible claim from the counterparty may depend.
Meanwhile, it is also important to note that the negotiation process can take place not only between the parties to the agreement being concluded, entrepreneurial or economic activity, but also with state regulatory authorities on various issues, for example, entrepreneurial activity, taxation, etc. In this case, the participation of an experienced lawyer will allow the customer to minimize possible adverse consequences, and in the case of comprehensive legal support for activities, completely eliminate them, which significantly reduces the cost of unforeseen penalties from regulatory authorities.
The participation of a qualified lawyer in negotiations allows the participants to save time on negotiations, while not independently understanding the legal intricacies of a particular regulatory document. At the same time, modern means of communication also allow participants in the negotiation process to save time on negotiations and conduct negotiations not only in person, but also remotely via video conferencing, which allows more prompt resolution of emerging issues, including participation in such meetings.
Regardless of the participation of a qualified lawyer in negotiations, it is important that the negotiators observe not only the general rules for reaching compromise agreements, but also take into account the norms of the current Russian legislation and international law. This will allow the parties to minimize possible risks and consequences for both participants in the negotiation process.
- Study and analysis of the subject of a future transaction, which is planned to be negotiated
- Advising on planned negotiations
- Formation of a legal position on the subject of the transaction
- Preparation of necessary documentation for participation in negotiations
- Direct participation in negotiations in various bodies, organizations and institutions
- Legal support of the transaction concluded as a result of negotiations