Top 10 Negotiation Strategies From the Nation's Most Famous Defense Lawyers

When it comes to negotiation, criminal defense lawyers are the ultimate strategists. Their ability to secure favorable outcomes for their clients—often in the toughest of circumstances—relies on meticulous preparation, skillful persuasion, and tactical brilliance. Let’s dive deeper into the top negotiation strategies, learning from the tactics of some of the nation’s most renowned defense attorneys.

1. Master the Facts Like Benjamin Brafman

Benjamin Brafman, who has represented high-profile clients like Dominique Strauss-Kahn and Martin Shkreli, knows that knowledge is power. To negotiate effectively, you must know every detail of the case—inside and out. During Strauss-Kahn’s case, Brafman meticulously dissected evidence, uncovering inconsistencies in the prosecution's argument, which led to the case being dropped.
Takeaway: Be the most informed person in the room. Use facts to highlight weaknesses in your opponent's position and gain the upper hand in negotiations.

2. Build Relationships Like Alan Dershowitz

Alan Dershowitz, a prominent attorney and scholar, emphasizes the value of professional relationships with opposing counsel and judges. Negotiations often happen behind closed doors, where trust and respect can influence outcomes.
Example: In cases like O.J. Simpson’s, Dershowitz’s reputation as a respected legal mind ensured his voice was taken seriously, allowing for open dialogue with prosecutors.
Takeaway: Cultivate rapport with all parties. A professional and collaborative tone can lead to better terms during negotiations.

3. Control the Narrative Like Mark Geragos

Mark Geragos, who represented Michael Jackson and Chris Brown, uses the power of storytelling to frame his clients in the best possible light. In Winona Ryder’s shoplifting case, Geragos shifted the narrative from “celebrity crime” to “personal struggle,” making the prosecution more amenable to leniency.
Takeaway: Shape how others perceive your client or position. Humanize your argument and appeal to the values of the person you’re negotiating with.

4. Focus on Mitigation Like Bryan Stevenson

Bryan Stevenson, founder of the Equal Justice Initiative, often works on cases involving life sentences or the death penalty. His strategy focuses on mitigating factors, such as childhood trauma or systemic injustices, to persuade judges and prosecutors to seek alternative resolutions.
Takeaway: Highlight your client’s humanity. Demonstrate how circumstances, not just actions, played a role in the situation.

5. Leverage Weaknesses Like F. Lee Bailey

F. Lee Bailey’s cross-examination skills and ability to spot weaknesses in the opposition’s case are legendary. In the O.J. Simpson trial, Bailey capitalized on inconsistencies in Mark Fuhrman’s testimony, eroding the credibility of the prosecution’s case.
Takeaway: Look for flaws in the opposition’s argument and use them as bargaining chips to secure more favorable terms.

6. Be Patient and Persistent Like Gloria Allred

Gloria Allred is known for her unwavering persistence, often negotiating high-profile settlements for victims of sexual harassment and assault. She understands that rushing a deal can lead to unfavorable terms. Instead, she pushes for the best possible outcome, no matter how long it takes.
Takeaway: Patience is a powerful tool. Don’t settle for the first offer; wait for terms that align with your goals.

7. Consider the Bigger Picture Like Robert Shapiro

Robert Shapiro, famous for his work on the O.J. Simpson case, ensures his clients understand the long-term consequences of any deal. In addition to securing favorable legal outcomes, he considers how decisions will impact clients’ personal and professional lives.
Takeaway: Always think beyond the immediate resolution. Address collateral effects such as reputation, financial implications, and personal well-being.

8. Prepare for Trial Like Jose Baez

Jose Baez, who successfully defended Casey Anthony, negotiates from a position of strength and readiness. Prosecutors know that if they don’t offer a fair deal, Baez is prepared to go to trial and win.
Takeaway: Be prepared to take things to the next level. When the opposition knows you’re willing and capable of pursuing a case in court, they’re more likely to negotiate in your favor.

9. Use Innovative Approaches Like Gerald Shargel

Gerald Shargel, who defended notorious mobsters like John Gotti, is known for creative problem-solving. In complex cases, he often negotiated unique plea deals that reduced sentences while preserving his clients’ dignity and future opportunities.
Takeaway: Don’t be afraid to propose unconventional solutions. Creativity can open doors to resolutions that others might overlook.

10. Communicate Transparently Like Anne Bremner

Anne Bremner, one of the country’s leading trial attorneys, believes in transparent and honest communication with clients. She ensures they fully understand every aspect of a negotiation, including the risks and benefits of accepting a deal.
Takeaway: Clear communication builds trust. When clients are informed and empowered, they’re better equipped to make decisions that align with their best interests.

Final Thoughts

The art of negotiation is more than just skill; it’s a combination of preparation, relationships, creativity, and resilience. The top criminal defense lawyers in the country—like Benjamin Brafman, Alan Dershowitz, and Gloria Allred—demonstrate how these strategies can be applied in high-stakes scenarios to secure extraordinary outcomes. Whether you’re in the courtroom or negotiating in everyday life, these lessons can serve as a powerful guide to achieving success.

Jeff Hammer, Mindset Architect with DominatingEdge.com
Helping you unlock the mindset of abundance and achieve your financial goals.