Negotiation Law Blog

You Might As Well Paint a Target On Your Back As Take Flex-Time

Victoria Pynchon — Mon, 17 Jun 2013 11:17:30 -0800

Having just been asked not to be "revolutionary" for a Q&A with corporate women, I'm wondering whether giving the advice contained in the headline here would mark me as a dissident fit only for water-boarding.

Having toiled for 25 years in the fields of corporate commercial high-stakes litigation, I know better. Being cynical about bureaucracies is the mark of a leader, not a loser. And few are the women at the top who would recommend heading up your company's woman's initiative or asking for part-time work.

"You'll end up working full-time anyway and just be paid less for your efforts," one high-level woman with children recently told a new mother friend of mine. "Work fewer hours but don't mention it," she advised, the best guidance in the book in light of recent research on flex-time stigma.

See The Unspoken Stigma of Workplace Flexibility in this Sunday's New York Times. Excerpt below.

Assume for a moment that your employer let you decide when and where you worked — you might arrive early so you could leave in time to care for a child, or work part of the week from home. Or perhaps you want to reduce your hours for a while to care for an aging parent. How would you be perceived if you raised your hand for one of these options?

“Many times these policies are on the books, but informally everyone knows you are penalized for using them,” said Joan C. Williams, founding director of the Center for Work-Life Law at the University of California, Hastings College of the Law, referring to the array of flexible work arrangements some employers offer. “I invented the term ‘flexibility stigma’ to describe that phenomenon. Recent studies have found that it is alive and well, and it functions quite differently for women than it does for men.”

My experience exactly. I wasn't a working mother but those associates and junior partner mothers who worked for me worked more effectively and efficiently than most of the lawyers under my supervision. And they did so even when they were supposedly working "part-time." I don't know about other professions, but there's really no such thing as being a part-time lawyer. Don't fall for the gambit.

It's not revolutionary. It's just common sense.

Harvard's Top 5 Business Negotiation Mistakes

Victoria Pynchon — Fri, 14 Jun 2013 08:40:05 -0800

Business negotiation mistake #1:

Underestimating your own authority, ability and strengths.

Business negotiation mistake #2:

Assuming you know what the opposition wants.

Business negotiation mistake #3:

Overestimating your opponent’s knowledge of your weaknesses.

Business negotiation mistake #4:

Becoming intimidated by your opponent’s prestige, rank, title or educational accomplishments.

Business negotiation mistake #5:

Being overly influenced by traditions, precedents, statistics, forecasts, or cultural icons and taboos.

Ladies! Pay particular attention to numbers 4 and 5. In our consulting business, we find these two mistakes typical of our clients.

Click on the image for the free Harvard Program on Negotiation Report.

Women's Negotiation Questions Answered By Experts At Lean In's FB Page

Victoria Pynchon — Tue, 11 Jun 2013 09:41:02 -0800

Negotiation experts, business consultant Kim Keating, Founder and Managing Director at Keating Advisors; Stanford School of Business Professor Margaret Neale; and, Director of Carnegie Mellon's new Heinz College Negotiation Academy for Women, M.J. Tocci made themselves and their expertise available for LIVE, taking questions from LeanIn.org women on their most pressing negotiation problems.

I'm arranging the questions and answers here by topic because this was a once in a lifetime opportunity to talk to the most esteemed women in the country about specific bargaining dilemmas faced by women. You shouldn't miss it.

Advice for Gen-Y Entering the Workplace With A Note on "Appearing Greedy"

Chelsea As a Gen Y looking for a first job, I feel as though I have little to no bargaining power because so many of my peers are willing to work for free. What can I do to increase my bargaining power without losing the job offer?

Jaymie That's an awesome question, Chelsea. On my end, I would be very confident and not let my attitude give them the room to put me down. I guess, in two words, I'd 'lean in'! I look forward to reading the expert opinions!

Margaret Neale Christina - this is a great perspective. Creating your own opportunities allows you to leverage your strengths and your expertise. The main advice I would give is that you need to think about the challenges that your counterpart is faciing. When you think about creating your own opportunities, I would try to be creative in framing those opportunities as solutions that your employer is facing. Proposing solutions to his or her problems is a great way to get his or her attention and get your ideas heard.

Melanie Anne Building from Chelsea's question, how do you create leverage when there is a job on the table? What kinds of information makes you look more desirable to hire without making you look desperate, over qualified or greedy?

Margaret Neale One of the challenges that women face is that we are often punished for being too greedy, demanding and not nice. This is especially likely to occur when our negotiations are focused on more dollars. So, my suggestion to you is that you think about the negotiation in terms of a package. What are the various aspects in addition to compensation dollars that would make you more successful in your job? The specifics here are a function of the position, but for me, for example, it was really important for me to have research space and money to pay research subjects. That was absolutely essential for me to be successful as a young assistant professor. What are the resources that you will need to be successful in your job and prepare yourself to be competitive for your next position or promotion.

Emily I'm younger (15) and I'll be looking for a job soon. Of course, it won't be a serious job, but soon I'll be in the workforce and as I get older, my jobs will be more serious and will need more focus. When is the right time to start negotiating (as I know nothing about negotiating -- yet!), as far as jobs and age?

Victoria Pynchon My assistant negotiated her salary right out of college - you're in high school but it's never too soon to say "gee, I understand the going rate is $___ not the $___ you offered. I'll work as hard as any employee you've ever had for $___."

Camille Schenkkan Emily, I run the internship program for a large nonprofit and wanted to jump in here. I think if you come into your first positions with a combination of ambition and humility, you'll establish your professional self early on. I started negotiating about a year after college, once I had two professional positions and two internships on my resume and could speak to real-world experience and quantifiable gains I'd brought to organizations. Unfortunately, I don't see that in-school awards or recognition translates much to the professional world, so you do need to have work experience on your resume before you can build a strong case for yourself. That said: don't work for free, and if you're bored in a position, it's up to you to ask for more to do or get out of there.

Mj Tocci Emily- I love your question because I so wish that I was smart and savvy enough to ask that question when I was your age. Negotiation is much like learning a foreign language- the more you do it the better you get. You have to get used to feeling awkward at first but then you start enjoying it. Think of it as creative problem solving and not something that involves conflict. So step one is 1) is figure out what you want 2) why you want it and 3) what's in the way. So let's say you are going to babysit, or work as a camp counselor or do work for neighbors. Ask some questions to get an idea of what it's worth for people to have this job done well, by someone reliable who cares about the work. Sell yourself as the top performer and know the range of what people (not just women or girls) are paid and then ask for the top or a little bit more. Know beforehand what is your bottom line (the lowest you can go). Then don't be afraid if people say "no"- more people than you imagine will say yes. Good luck MJ Tocci

Emily Perfect! I love your response, as well. Thank you!

Cosmopolitan Magazine Some of our readers are just starting their careers. What's the best way to ask for more money when you don't have much real work experience behind you yet?

Margaret Neale One common problem is that we would all like more money. But simply asking for more is probably not going to be as effective as developing a basis for why you should be getting more. How does your education or experience (even though you might not have had other formal employment, what else is different about your act . . .) make you particularly qualified to solve the challenges of the position. That being said, remember that women often suffer from low expectations - so you need to have a good idea about what this job is worth - and do ask!

Kim Keating The best way to begin negotiating for more money is to gather data on the going rate for the position. If you find you are already in line with the going market rate, the best way to eventually make more in salary is to take on higher-level responsibilities and excelling at them, while keeping an eye on the market and making the case for increased salary at the right time, as you've proven yourself.

Mj Tocci Good question- It's important to see negotiating as something you just do all the time when you are crafting an employment agreement. It's like saying hello or shaking hands- it's just what is expected. To deal with the backlash that women often experience you can say "I hope you see my ability to negotiate as a skill i bring to this organization". This means that today I am negotiating for me, but tomorrow I will be negotiating for you. Put front and center the value you bring to this and don't think about the experience you don't have, focus on what you do have and your abilities to learn quickly and solve problems etc. Also, think of negotiation as creative problem solving with your employer so you both get what you need. cheers MJ

The Low Wage, Corporate Greed Problem

Lorenia I’m confused. I don’t see current times as “Negotiator Time” per se in this economy in which we are facing a low-wage problem. Big and small companies are acting just plain predatory regarding to compensation. I understand the uncertainty many organizations are facing and that there is no doubt some companies may be struggling to find the right workforce balance to ensure they are able to meet business objectives. However, is a commonality that companies lay off current employees and then rehire another professional for half of what their current workers earn.

[See this] recent article U.S. 'Cannot Achieve Prosperity' Without Addressing Low-Wage Job Problem: Federal Reserve Official.

This deserves an answer and I'll devote an entire post to it in the next couple of weeks.

Making The First Offer

Victoria Pynchon Sheryl says in her book that her mentor taught her to let the other side make the first offer. That's contrary to everything I've read - could you please comment on this and also on women making concessions in their opening offers - something I find common with my female consulting clients - powerful ones who would not make a concession on their clients or company's behalves but feel compelled to when negotiating for themselves.

Jana Great question Victoria! I'm excited to hear the responses!

Victoria Pynchon My answer - supported by reams of research - always make the first proposal and make it aggressive (but not crazy) so you have room for at least 3 concessions.

Margaret Neale The choice to make a first offer is not as simple as always make the first offer or never make the first offer. The answer lies in where will you get the best outcome? Now there are some situations where your role will determine who makes the first offer. But if you have choice, you need to assess whether the anchoring effect of making the first offer is more powerful or the informational effect of receiving the first offer is more powerful. The more prepared you are, the more resistant you are to the anchoring effect so that suggests that you may get more benefit from getting the other side to make the first offer.

Margaret Neale And in a completely different perspective, powerful people are more likely to make the first offer because they are trying to move the negotiation forward! Women are much more likely to negotiate effectively for others than for themselves - so how can you frame your negotiation such that you are negotiating for "other" like your company, your team, your subordinates, your family . . .rather than for yourself.

Victoria Pynchon Yes, great way to avoid gender blow-back is also to lead with the benefit you are offering - within gender role of being of service and generous, etc.

Expanding the Scope of the Negotiation

Adriana Sometimes things other than wages are at stake in a negotiation --bonuses, vacation/paid leave, promotions. How can I start the conversation about these parts of a contract? How do I explain why these aspects are important to me without sounding like I want "special treatment"?

Margaret Neale Adriana, actually it is a great strategy to do more than focus on wages. In fact, I would strongly encourage you to negotiate packages, not issues. It is a lot easier to create value when you have a number of issues to discuss because you can leverage differences in importance and value. You may care about some of these other items in different ways than your counterpart - and that is the basis for value creation. Remember, Assess, Prepare, Ask, and Package!

Amy what this sound/look like, specifically? how do you begin the conversation/poise it as a package?

Victoria Pynchon Make a list - access to clients, choice of work, opportunity for training, experience, committee assignments . . . everything you see yourself doing everyday has a good, better, best version - aim for landing the "best"

Kathryn How do you start the conversation about such benefits when you are in the position, rather than hoping to secure the position? I am seeking to negotiate a flexible work schedule without losing benefits.

Kerstin I have been working with a person on updating my web site. Turns out we both had different things in mind regarding payment. Unfortunately we never agreed on anything in paper. One important lesson learned!!!! But what now - I want to negotiate in a way that I understand how he came to this different conclusion but most importantly to finish the project with a web site that I love which attracts clients and is within my budget and also does not leave us both with a bitter taste in our mouths.

What To Do When Your Prospective Employer Asks What Your Salary Requirements Are

Johanna How do you accurately figure out what to ask for when applying for a new job? Do you wait for them to make an offer? If they ask what your salary requirement is, how can you find the sweet spot so you don't put yourself at a disadvantage for negotiations?

Kim Keating If they ask you for your salary requirements don't be the first to say a number. Instead, say you are interested in a fair-market salary for the job

Jaymie The job I have now made me leave a number in the online application. I could not press send until I had a valid number in the blank. Should I enter one based on the market? On my past salaries?

Victoria Pynchon Be sure to monetize everything in your current compensation, including at least a percentage of what you expect your year-end bonus will be - leave that number - "market value" is tough to put on a form. I have also advised clients to just not use the form - write a narrative instead so you can contextualize your numbers ("spin" or "frame" them positively). If the online form doesn't permit you to do this then put your entire comp, including value of health benefits, sick and vacation time you'll be giving up, anticipated bonuses you've at least partially earned, even the value of parking.

Candice Where do I find the best fair-market salary data?

Victoria Pynchon glassdoor.com and payscale.com.

Negotiating Titles

Elizabeth How do you negotiate a job title? Would you take a job title in another company that is less (in terms of responsibilities) than your current position but has greater opportunities for growth?

Margaret Neale Elizabeth, let's go back to the notion of packages. I would include the title as part of a package that you are negotiating that would include title, current responsibilities, project choice, compensation, among other items. Of course, part of what you are looking for in your new job is the opportunity to have the resources necessary to be successful and to develop your skills. So, think about the long term and don't get too focused on a particular issue or topic. I tell my students that their next job is not their last job!

Elizabeth Thank you, Margaret. Sometimes transitioning from public to private sector is very difficult, and position titles seem to big a big deal in government. I do appreciate the advice of your next job not being your last job

How Do I Avoid Looking Greedy?

Jessica How can I touch the subject of a raise without appearing greedy or overestimating myself?

Kim Keating While it may be uncomfortable to ask for a raise, know that it is the most assured way of getting what you deserve. Begin the conversation by asking your manager if you can talk to them about how compensation is determined. Be sure to ask when salary decisions are made. Plan on talking to your manage as early as three months before salary reviews. Try to learn the internal pay range for your job and the job above it. Once you know the system, make your case for why you deserve a raise.

What If I Push Too Hard?

Leslie What suggestions or tactics can you offer to lessen or work through the fear of pushing too hard for your (or your organization's) wants or needs? I.e. I REALLY want this to work but am fearful to push too much as I don't want the whole deal to fall apart.

Victoria Pynchon Act as if you're negotiating on behalf of someone else; write a "script" for your proposal in the third rather than the first person - she rather than I.

How To Respond to "No"

Carla What do you do if an employer says 'no' to what you asked for, even though you're worth it, but you have mouths to feed and you need the job?

Mj Tocci So "no" so merely a position from which to negotiate. Don't be afraid of a "no" just think of what your next move its. Our saying in the Negotiation Academy is that if no one is saying "no" to you then you aren't asking for enough!". So you have made your pitch, you have stated what you want and why. If the answer is "no" see if there is something else the employer can give you- vacation, recognition, opportunity, visibility, resources like staff etc. Then ask - what you would need to do differently to get a yes in 6 months. Have him/her articulate what you would need to accomplish, what the expectations are and how your accomplishments will be measured when you come back with the same request. If they don't know or can't tell you then I'm worried there isn't a clear path for you. Then figure out if you can craft that path in this job. Hope this is helpful. Can tell you more if you want. Cheers MJ

Victoria Pynchon Experts say the negotiation doesn't really begin until someone says no. Ask questions to "diagnose" the reasons for the negative answer and what you'd need to do to turn that "no" into a "yes." Before I got to the "ask" I have back-up research available and would already have asked questions about your employer's needs, desires, attitudes toward the future, preferences, etc. and I'd know what to say about how I could fulfill them. Read "Women Don't Ask" and "Getting to Yes."

Carla That's great advice--thanks. If you do hit a dead end, and there is no clear path, nor one to be cut, but you have to take the job, how can you best position yourself so you can get more 'yes' later?

Victoria Pynchon Ask how you can best serve the needs of the company and set a time to revisit salary in 6 months.

Negotiating On Behalf Of Your Own Business

Tricia What suggestions do you have for negotiating business expenses, such as office lease space?

Mj Tocci This depends on what the custom is in your field. First you want to find out what the standards are. You want to position it so it might be easy for someone to give it to you- extra space or extra capacity somewhere that would be easy for them and valuable for you. Or you can talk about the greater value you can add if this is paid for.

Tips On Getting A Raise

Kareen Hello, what tips do you have on negotiating a salary increase?

Kim Keating The first thing is to know what you're worth. Always research salaries before asking for a raise or promotion. There are great resources out there that offer free data.

Victoria Pynchon glassdoor.com and payscale.com

Kim Keating Once you have an idea of what is the going rate, make a case for why you deserve an increase. www.keatingadvisors.com/paygap is a list of free resources

Margaret Neale If you want to get a raise in salary, you need to have a story about why it is in your boss's interest to give you an increase. Simply hoping for his or her goodwill is not enough; you need to give him or her a reason to agree to your proposal. So, are you doing more work? Have you developed greater expertise? Were you underpaid compared to your colleagues? Do you have more seniority? What is the basis for your wanting more?

Victoria Pynchon Also, you can always pick up the phone, say you're benchmarking salary data, and ask people in the position you're in what they believe the market is paying (assure them you're not asking what THEIR salary is - but that's what they'll tell you). I do this for my clients all the time.

Victoria Pynchon Great answer Margaret - most women are working way beyond their job description so find that description, rewrite it for what you're actually doing, find it's market value and include that in your "ask"

Obvious Gender Discrimination

Erin What do you do when the men in your office make more money than you? I have called it out to the highest teir, which prompted an "equity analysis", showing that I should be paid more yet still no raise - don't know how to handle this. As a consultant, even though the equity analysis showed that I make "average" what I should, the men still make more for doing less work. They base it on "utilization rates" and the men have higher utilization because they have work handed to them by thier boss, but my boss expects me to find my own work. I have done this with good, not great, success. I want equity, and I am pissed!

Kim Keating Ask your manager for information about how salaries are determined. In addition to utilization rates, what other factors are considered? Try to get as much of the objective criteria outlined for salary adjustments. Then you can make a case why you meet the criteria. Be sure to ask when salary decisions are made.

Erin Thank you for your reply. I have done that. I was told by my supervisor that I am a model employee, and that the guys are told to be more like me. Salary increases at the end of the chain are determined by two gentlemen that are across the country, and that don't know me at all. My boss and his boss have been supportive as far as I can tell. Salary decisions have to be determined by mid year (June). I exceed all the criteria, with the exception of being slightly below utilization. Currently looking for another job until they prove they want to keep me around, but don't know how long that will take!What would you do?

Soft Benefit and Max Salary Statements

Catherine Let's say you're in a situation where you're not granted the raise or as much of a growth in a salary negotiation as you had hoped. what are the best tips for trying to negotiate a more favorable package of "softer" benefits - like additional PTO?

Krisha When an employer says "the max salary we can offer for this position is X" and then offers you the position at that same rate, is it even worth it to attempt to negotiate? Even if they know you are currently making 20% more... thanks for the help!

Margaret Neale Krisha, think about the negotiation as more than just about salary today. You may want to have a conversation about how much more qualified you are for the position than the 'minimum' qualifications. I think that if you can yoke the salary discussion with how your expertise can help them achieve their mission more effectively, you can have some leverage in this discussion.

Zero Sum Thinking

Ulrike What are the arguments to use when your boss refuses a stronger salary increase because this implies, according to him, that less budget is left for the other members on the team? Thanks!

Kim Keating Plan in advance if possible to talk to your boss as early as three months before your salary review, before salary decisions are made. Many managers are working within limited budgets that have to be split amongst the team, so be sure to emphasize your individual contributions and support to the team.

Victoria Pynchon Also, understand what the budget IS, who made it, whether other line items might be employed to get you what you want - "it's not within the budget" is often a dodge - ask questions about it - the budget did not come down on stone tablets from Mt. Sinai - someone made it and it can be unmade and remade.

Education vs. Experience

Gina I have years of experience over a specific degree the employer may be looking for.. how do I negotiate a higher salary based on the work experience? Is that just not an option?

Mj Tocci Start by crafting your narrative about why you are best positions to do the job really well. Articulate (by practicing out loud by yourself) what value you bring, how you learned it and how your experience relates to the job that needs to get done. It's important to focus on your strengths and not your weaknesses. Ask questions like "what skills does this degree give that my experience doesn't. Show ways that you are as sophisticated, connected, smart as anyone with whatever the degree is. Degrees can be short cuts for employers to evaluate competence and potential. Explain why they aren't relevant in your case. cheers MJ

Victoria Pynchon Totally an option, our clients tell us all the time, "I have the experience but not the degree" or "I have the degree but not the experience." Take a few courses at night at local business schools if you believe the degree is a necessity - employers HIGHLY value initiative

Fear Of the Deal Falling Through

Leslie Any tactics or approaches to dealing with the fear of the whole deal falling through?

Kim Keating Always keep in mind how you want the conversation to end. How do you want your manager to feel at the end of the negotiation. Try to end the conversation on a positive note. Always be professional and gracious. You and your manager will feel positive if you can end the conversation on common ground. If the answer you get is no, understand the reason. Then figure out with your manager how to address it.

Resources

Samantha I've heard the message that I need to negotiate better, but I feel like I lack the skills and language to actually do that. Do you have some suggestions on what to say? Or, perhaps, resources that can walk me through how to proceed? I need a toolkit for how to actually negotiate my salary.

Kim Keating A great resource is GetRaised.com!

Victoria Pynchon Read Women Don't Ask, Ask for It! and Getting to Yes

Working for Free

Kat IN the music business everyone asks for everything for free - Even though one is successful - I've observed a trend of we really like your product can we use it for free until our project takes off? How do you deal with this?

Victoria Pynchon Say "no" - "I have a family to support; I can't work for free - if you have trouble paying for this, let's see if we can negotiate a deal that's mutually beneficial."

There's lots, lots more over at LeanIn's Facebook page. Check it out!

Yes You Can Be Liable For Negotiating in Bad Faith

Victoria Pynchon — Mon, 10 Jun 2013 17:21:16 -0800

I don't believe these arguments would fly in California, but in Delaware where so many corporations are born and with whose law so many contracting parties agree to comply, you can be liable for benefit of the bargain damages if you fail - in bad faith - to negotiate to conclusion agreements memorialized only by term sheets (which usually have too many holes to be enforceable).

Here's Morrison & Forester's case analysis with a link to its article on this important new case law.

A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for the final contract?

The Delaware Supreme Court held in Siga Technologies, Inc. v. PharmAthene, Inc., No. 314, 2012, __A.3d__, 2013 WL 2303303 (Del. May 24, 2013), that a bad-faith failure to negotiate a final deal based on a term sheet may have harsh consequences. The breaching party may be liable for “benefit-of-the-bargain” damages reflecting the profits the counterparty would have received if the final contract had been signed and performed. While this ruling is based on Delaware law and the specific facts of that case, the message to negotiators is clear: Don’t agree to a term sheet unless it is explicitly non-binding or you are prepared to continue negotiations in good faith, consistent with the term sheet.

Continue reading here.

Here's DLA Piper's analysis.

Get What You Want To Celebrate the 50th Anniversary of Equal Pay Day

Victoria Pynchon — Mon, 10 Jun 2013 11:15:08 -0800

Today, on this 50th anniversary of President Kennedy signing the Equal Pay Act in to law, women still make 77 cents to every dollar men make. So what can we do?

LeanIn.org has launched a campaign to help arm women with the tools they need to fight for equal pay.

At 3:00pm EDT (12:00pm PDT), Lean In experts Margaret Neale, Mj Tocci and Kim Keating will host a live Facebook Q&A – partnered with Cosmo – to field women’s questions on how to negotiate.

Join them here!

Working Mothers In Dire Shape For Retirement

Victoria Pynchon — Sun, 09 Jun 2013 14:04:44 -0800

In the great PBS special on the women's movement, Makers, Oprah talks about the first time she realized she was getting screwed on the job.

"I found out I was making less than my co-anchor," she recounted, "so I went to my producer to demand the same pay. He asked me if I had children or other family to support. 'No,' I answered. 'Well, your co-anchor does so why should I pay you what he's making?'"

Oprah, never at a loss for words, responded "because I'm doing the same job."

According to today's New York Times, women having a family - that old excuse for pay disparity - now means working mothers must work twelve years longer than their male counterparts to make the same amount of money. See Progress at Work But Mothers Still Pay a Price. As co-chair of the Council on Contemporary Families, Stephanie Coontz recounts

The sociologist Shelley Correll at Stanford University points out that mothers earn 5 percent less per hour, per child, than comparable workers who are childless women. They are also less likely to be hired if they leave or try to change jobs.

And lest I hear women protest that money isn't as important to them as relationships, the same issue of the New York Times reports that if we don't have a million dollars in savings by the time we retire, we're likely to blow through that money before we expire. See Retirees, A Million Dollar Illusion.

And if retirees with a million dollars in assets are going to be plunged into poverty in their elder years, think about the rest of our generation - one that commenced with quite legal gender discrimination and a 40% wage gap that many women in their 60s have not be able to make up over time.

With social security on the chopping block of the we-can't-afford-to-keep-our-promises brigade, that means more and more women are going to fall into desperate poverty every year after they stop working. And as the NYT retirement article points out, stopping working is not necessarily a choice. When was the last time anyone over 60 was an attractive job candidate?

Solutions next. Real solutions. No kidding solutions. We can do it solutions. Like negotiating a raise, increasing the price of your goods and services, and changing the structure of the workplace.

Stay tuned.

If Your Women's Initiative Isn't Working, We've Got Solutions

Victoria Pynchon — Fri, 07 Jun 2013 12:48:29 -0800

The National Association of Women Lawyers says your law, accounting or financial firm's women's initiative is not working.

You already know that, of course, and many of you have given up on it altogether. It's so well understood that even the ABA knows about it! Check out Do Women's Initiatives Work in this month's issue of the ABA Journal right here.

It's Just Beginning

But I have breaking news for you. It's not over. It's just beginning.

As one AmLaw 50 senior woman recently told me, until '09, her firm's women's initiative was flowery. In '09, the law firm's women decided to grow it some balls. That's what she said. Verbatim. Those are the women lawyers I remember from my youth. Ballsy. No nonsense. Get it done.

If you'd like to put your poorly funded, management ignored women's initiative on steroids, I've got a panel that is going to tell you how to make it fly. For you. Strategically.

Not A "Feel Good" Session Nor A Pity Party

This is not a "feel good" session, nor a pity party. But you know what? I've never heard women lawyers throw a pity party from the day I entered law school in 1977 until today.

This panel will also not ask you to expend more energy than you're already expending to be the greatest lawyer you can be. This is a session that will tell you what your law firm should be doing to make your women's careers better.

In addition to the law firm piece, we're going to put the strength of other women lawyers behind you. Because this is not "pull yourself up by the bootstraps" or even "lean in." This is activism.

The panel is not only FREE, but the Women Lawyers' Association of Los Angeles will even validate your parking.

So there are No Excuses not to be there.

Who?

I'll be there but I'm not the main attraction. Sarretta C. McDonough of Gibson Dunn will be speaking. She is a member of the Board and Program Director for the National Association of Women Lawyers. NAWL underwrote the 2012 National Survey of Women's Initiatives.The survey's findings were gloomy as reported in my post There's Absolutely Nothing Wrong With Women in the Law.

Sarretta is appearing to help you help your firm course correct its women's initiative for your individual advantage which quite directly advantages all women lawyers everywhere.

Along with me and Sarretta, Merle Vaughn of Major, Lindsey & Africa will be appearing. MLA is the organization that authored the equally gloomy 2012 Partner Compensation Survey, as also reported in There's Nothing Wrong With Women.

Merle has enough good ideas fill an entire weekend retreat but we're going to help her squeeze her good advice into this single session. Tackle her after the panel is over and pepper her with your most pressing issues.

Our fearless panel leader, Brenda Dieck of White & Case has charted a tight agenda that will hit all the major power points you can press to advance your career in the law whether you're a first year associate or senior equity partner with an impressive book of business.

Of all the women's initiatives I've explored, White & Case is the outlier - a true thought leader in the field. You'll want to hear what Brenda has to say. I wish I'd heard her back when I was in practice. W&C's initiative is law firm culture changing. It can change your firm's culture too.

What?

The panel I'm talking about is The Indispensable Woman Lawyer - Getting Results from Law Firm Advancement and Promotion Initiatives. You can sign up for it at the link.

We'll be talking about best practices in the structure of women's initiatives and how and why law firms should and can improve their talent management, flexibility and work-life supports, the role clients play in the promotion of private practice women, what firms can do to raise the internal and external profile of their women lawyers, and women partners' compensation and executive leadership roles.

Just planning this event with these incredibly powerful women has moved me to a new level in my own business. Don't miss this event. It's the only one you really have to attend this year.

Where and When?

Skadden, Arps, 300 South Grand Avenue, Suite 3400, Los Angeles 90071 at 6 p.m. (registration), 6:30 p.m. (program) and 8-9 p.m. (cocktail reception).

There's Absolutely Nothing Wrong With Women In The Law

Victoria Pynchon — Wed, 05 Jun 2013 06:55:04 -0800

I want every woman lawyer to know that they do not have to work harder, faster or better to achieve parity in the workplace with their male colleagues.

All we have to do is support one another, which this month includes digging into that ABA Journal Magazine that you usually just toss into the trash.

I'm linking to three reports on law firm women's initiatives and they're all a little depressing.

Still, if you read past the pessimism, you'll realize we're at a tipping point - that the disappointing percentage of women in leadership roles in the law, business and finance (less than 20% in all sectors) is also reason to be optimistic about the future.

As Gloria Feldt of Take the Lead counsels, if each woman in a leadership role would sponsor one other woman who is poised to take on such a role, we could double those disappointing percentages in five years or less.

The Grim Statistics

A recent study on gender and compensation in the country's largest law firms reports that

The development of two-tier partnerships, the lengthening of the time periods to make partner and equity partner, the reduction in the number of equity partners, the creation of new categories of permanent associates and permanent non- equity partners, the expanded number of permanent of counsel, and the demand for increased billable hours, have combined to increase income for a shrinking group of equity partners and to disadvantage women in large law firms.

A Major, Lindsey & Africa 2012 Law Firm Partner Compensation Survey reports that cronyism at the top which permits in-group gender bias to influence compensation and promotion decisions presents a significant hindrance to women's advancement and has kept the law firm gender pay gap firmly in place for the past decade.

Finally,the National Association of Women Lawyers' 2012 study of law firm women's initiatives tells a story of underfunding, the lack of meaningful goals and the absence of any metrics to measure the success of those initiatives, all of which would lead a cynical person to conclude that most of those initiatives are more window dressing than they are genuine attempts to address the problems not only of women but of high attrition rates that firms in our new austere economy can no longer afford.

As that study reports:

fewer than half of all women’s initiatives are evaluated annually by management. Similarly, fewer than half of all women’ initiatives submit written evaluations. Moreover, it is not clear that the reporting and evaluation functions focus on specific goals. Some 40% of firms report no specific criteria at all for their evaluation. Of those who report goal-related evaluation criteria, there is often no connection to concrete advancement criteria. Thus, descriptions of evaluation criteria were often along the lines of “accomplishment of goals and activities identified at the start of each year” or “number of events, quality of events, participation level.”

All of that said, I remain optimistic because I've been here before, when I first started practice and some of the firm's clients said "I don't want a woman on the litigation team." My boss, male, said what we women should be saying today, Then you don't want this firm because Vickie Pynchon is the best associate I've got.

Thank you, Geoff.

We can do it. We can do it without tying ourselves in knots to conform to outmoded gender roles. We can do it without offending anyone - clients or colleagues. We can do it authentically within our own unique personalities.

We can do it because women's diverse views destroy "group think" and add women's unique collaborative abilities to an entrenched zero-sum system. Most importantly, we can raise the bar of excellence for every firm where management understands that more women in leadership = a more profitable business.

National Girlfriends Networking Day: See Soledad O'Brien's Spontaneous Offer to Feature WNBA Star in Documentary

Victoria Pynchon — Tue, 04 Jun 2013 18:12:02 -0800

Secrets of Super Negotiators - Don't Use Round Numbers

Victoria Pynchon — Tue, 04 Jun 2013 07:15:10 -0800

This just in from NPR.

Click on the link for the full interview - audio or transcript.

MASON: So if you're negotiating for, let's say, a car, you're buying a used car from someone, don't suggest that you'll pay $5,000 for the car. Say something like, I'll pay you $5,125 for the car or $4,885 for the car.

SIEGEL: Why should that be a more successful tactic of negotiating?

MASON: It signals that you have more knowledge about the value of the good being negotiated. SIEGEL: Somebody says 5,000 to me and I think, ah, they don't know much. But if they say, $5,123.50, I think, boy, they must have looked up some table of the values of used cars or something.

MASON: Correct.

SIEGEL: You've actually studied this. How many transactions did you look at and what kinds of transactions?

MASON: We looked at listing prices on Zillow, the real estate website. We also looked at the prices that our executive MBA students and MBA students were using and suggesting in simulated negotiations in classroom exercises. And what we found was that indeed it is the case that people have a habit of using round numbers. We then took this into the lab and studied it in six studies involving hundreds and hundreds of people.

SIEGEL: And it all bore out the feeling that the more precise a number is, the less rounded, the better you do in the negotiation.

MASON: And I think you want to compliment that number with some reasons. Where did you get that number? The chances that you're successful really come down to how much research you've done and having an informed view of the good.

SIEGEL: If you open with a round number, the impression is that you've already rounded it off.

MASON: It's funny because I think what actually ends up happening is I'm buying something from you and I say I'll buy it for $4,985. I think that you hear she'll buy it for $5,000, but it's a firm $5,000. It's not a somewhere between 4,800 and $5,200, which is what 5,000 implies.

SIEGEL: But if you started at 5,000, I'd think, ah, I can probably get her up to 5,200 or something.

MASON: Correct.

SIEGEL: Have you heard a lot of confirming anecdotes from people about this since your work was published?

MASON: You know, I think that it's only recently been published as the first thing to say. On some level, I think it's fairly intuitive. You know, I get a little pushback from people about isn't it awkward to be really precise, and I think that's a valid statement and criticism. I can't provide a rule that's always going to work in any negotiation but what I can suggest to people is that you be well served to err on the side of being at least a little more specific. And then, looking for other ways to signal that your offer is based on some facts and figures, not on nothing.

Also remember that sometimes precise numbers have actual meanings that you just haven't figured out yet. Once, when a party was stuck on a very specific number and wouldn't move past it, I learned that they had a "most favored nation" clause in another matter that prohibited them from settling the case I was mediating on better terms than the previous agreement. Once the other side learned that information, they concluded that they wouldn't be leaving any money on the table by accepting the offer and the case quickly settled.

Money talks. It has meaning. You just need to listen to it.