Being a Scalpel or a Sledgehammer?
- David Cohen
- Jan 6
- 1 min read
Updated: Jan 12
I saw a great description by a litigation attorney who described lawyers as either scalpels or sledgehammers.
🔪 Scalpels use their wit, charm, and intelligence to convince others to agree with their perspective.
🔨 Sledgehammers use sheer force to intimidate and get their way.
Which approach works in negotiating SaaS contracts? 🤔
✅ Collaboration > Aggression
- SaaS contracts kick off relationships, not end them.
🚫 Don't start with a bad taste in the mouth of new customers.
💼 Sales Perspective:
⚠️ Aggressive negotiations = Potential deal killer
😨 Our posturing can scare the hell out of salespeople.
💸 It looks to them like their months of hard work and commissions evaporating.
I remember once almost losing a deal because I went full sledgehammer on a minor clause (was having a bad day... it happens). The sales team looked at me like I was abusing their sick puppy. 🐶
The magic as a lawyer is knowing when to switch gears from scalpel to sledgehammer to move the deal forward.
Generally, keep it pleasant and respectful and occasionally pull out the sledgehammer if needed (but use very sparingly).
- What's your "line in the sand"? The one where you'll die on that hill?
Download "10 SaaS Contract Basics You Must Know!" to avoid common SaaS contracting mistakes.
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